1 wp2676.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2676 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.S. Bedre, Advocate for petitioner. Mr. R. R. Karpe, Advocate for respondent no.5. CORAM : B.P. DHARMADHIKARI, J. DATE : 7TH APRIL, 2011 Heard Advocate Mr. Bedre for petitioner-judgment debtor and Advocate Mr. Karpe for respondent no.5- decree holder. 2. It is apparent that the petitioner has no independent status and she claims through the judgment debtor/her husband who was defendant in suit. Husband had/has already agreed to remove encroachment from survey no. 285/3A. 3. Contention of wife is, on alleged encroachment there is residential house in her possession and occupation. It is further contended that because of this position before the panchayat of Samaj, it was agreed 2 wp2676.11 that husband of the petitioner will give 6 Guntha of land to respondent no.5 and the respondent no.5 will give up his claim over the constructed portion in occupation of present petitioner. 4. Advocate Mr. Karpe is not accepting this position. According to him, executing court has correctly applied mind. 5. Perusal of the impugned order reveals that facts presented before it are looked into appropriately by the executing Court. Petitioner has no independent status in the matter. In such circumstances, I am not inclined to interfere in the matter. However, if she has got any other remedy open to her, then she is at liberty to take recourse to it. With that liberty, the Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2676.11