( 1 ) wp6238.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6238 OF 2010 Halimabee w/o. Bismillah Khan, .. Petitioners since deceased through her LRs. & Ors. Versus Mohammad Farooq s/o. Mohammad Siddiqui .. Respondent Mr. Rajendra Deshmukh, Advocate for the petitioners. Mr. S.S. Nirkhee, Advocate for sole respondent. CORAM : V.R. KINGAONKAR,J. DATED : 10.01.2011 P.C. :- 1. Heard learned advocates for the parties. 2. The dispute relates to Southern side wall which is allegedly not removed according to terms of the decree. It is alleged that the decree was granted by the Court for ( 2 ) wp6238.10 removal of the wall which has been erected by encroaching over the plaintiff’s plot. The learned Counsel for the petitioners submits that already the possession was delivered and the decree was satisfied. It is argued, therefore, that the execution cannot be again undertaken by the Decree Holder. 3. The executing Court has directed removal of the wall by issuing the necessary warrant. 4. There appears no serious infirmity in the order impugned, but only clarification that is needed is to specify the dimensions of the existing wall, which is sought to be removed and the existence thereof by appointing Court Commissioner. The executing Court is, therefore, directed to appoint Court Commissioner afresh, if already no such appointment is effected. If such appointment is already made and report is with the executing Court, then the Court Commissioner may be directed to execute the decree regarding removal of the alleged encroachment by following due procedure. ( 3 ) wp6238.10 5. The petition is accordingly disposed of. No costs. [V.R. KINGAONKAR,J.] snk/2011/JAN11/wp6238.10