(1) WP. 4550.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4550 OF 2010 Dashrath S/o Khandu Sadaphal .. Petitioner VERSUS Bhausaheb Tatyaba Yadav .. Respondent Mr. S.B. Gorde Patil, Advocate for the Petitioner Mr. D.R. Adhav, Advocate for the caveator ... CORAM : V.R. KINGAONKAR, J. DATED : 9TH JULY, 2010 ORAL ORDER:- 1. Heard learned counsel. The petitioner is aggrieved due to the rejection of his request for appointment of another measurer. Counsel for the petitioner would submit that the petitioner is bound by the decree and will not object delivery of possession of the land in question but has raised dispute regarding the area of the land of which the possession is required to be delivered to the decree holder. He would submit that if the second measurement is carried out then the incorrectness of the claim of the decree holder will be highlighted. (2) WP. 4550.2010 Counsel contends that the earlier measurement was incorrectly carried out without following due procedure. 2. It appears that such objections were raised at the appellate stage while hearing of appeal bearing R.C.A. no. 369 of 1988. What the executing Court has directed is to deliver possession of the suit property as per the specific directions of the appellate Court and the boundaries which are already fixed by the T.I.L.R. In the circumstances, the impugned order does not suffer from any arbitrariness or perversity as such. Hence no interference is warranted. However, the petitioner is at liberty to submit application for appointment of D.I.L.R. on payment of necessary fees, in the same proceedings of execution, after delivery of possession of the land to the decree holder and to seek measurement at his own costs. Upon such measurement by the D.I.L.R., if it is noticed that certain excess land is delivered to the decree holder then in the same proceedings, restitution can be ordered by the executing Court. (3) WP. 4550.2010 The executing Court shall therefore permit filing of such application by the petitioner (J.D.) if it is so filed within a period of two weeks after delivery of the possession and thereafter shall not finally dispose of the Darkhast proceedings until further steps are taken by the petitioner to ensure the measurement through D.I.L.R. which process shall be expedited. Petition disposed of. Sd/- [V.R. KINGAONKAR, J.] arp