1 wp 804-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 804 OF 2011 Shri Suresh Vasant Velhal ..Petitioner vs. Shri Devdas Balkrishna Dhopate ..Respondent Mr.A.Y. Sakhare, Senior Counsel i/b. M/s.YKS Legal for the Petitioner. Mr.S.S. Patwardhan for the Respondent. CORAM : B.R. GAVAI, J DATED : JANUARY 28, 2011. P.C. : 1 By way of present petition, the petitioner challenges the Order dated 3rd January, 2010 vide which the learned trial Judge has allowed the application of respondent-plaintiff below Exhibit-50 for issuance of possession warrant. 2 The learned Senior Counsel, Shri Sakhare, for the petitioner submits that the impugned order insofar as it directs the appointment of a lawyer 2 wp 804-2011.sxw as a Court Commissioner is not sustainable in law. He submits that since for handing over the possession, some measurement would have to be carried out, it would be in the interest of justice to appoint some officer from the Survey Department as a Court Commissioner. 3 The learned Counsel for the respondent submits that the present petition is nothing else but an attempt to protract the execution of the decree which is passed in favour of the respondent-plaintiff. Perusal of the order dated 15th October, 2010 which arises out of an earlier litigation between the parties, clearly show that both the parties have admitted before the Court that there is no dispute regarding the identity of the suit property. 4 In that view of the matter, when there is no dispute regarding the identity of the property, no infirmity could be found in the order 3 wp 804-2011.sxw appointing the lawyer as a Court Commissioner. No merit is found in the writ petition. 5 Writ petition is rejected. (B.R. GAVAI, J)