1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9130 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri A.P. Kulkarni for the Petitioners. Shri Vinod Y. Jadhav for the Respondent. -- CORAM : A.S.OKA, J. DATE : 3rd February, 2010. P.C.: . Heard Learned Counsel appearing for the Petitioners. The Petitioners, who are the Plaintiffs, are executing a decree of declaration and perpetual injunction passed in their favour. The attention of the Court is invited by the learned counsel appearing for the Petitioners to the observations made by the trial Court in Paragraphs 5 and 6 of the order passed below Exhibit-36. His contention is that though a Court Commissioner has been appointed to execute the decree, the observations made in Paragraphs 5 and 6 will come in the way of the Petitioners. 2 2. By an order dated 30th June, 2009 passed below Exhibit – 45, a Court Commissioner has been appointed to execute a decree and to submit a report. It is obvious that the decree has to be executed in accordance with law. If any error is committed by the Court Commissioner while executing the decree, the remedy of the petitioners to get the same rectified is open and the Executing Court can always correct the said error. Therefore, at this stage, no interference is called for. 3. The Writ Petition is rejected by keeping the contentions of the Petitioners open. The Court Commissioner appointed by the Executing Court will complete the commission work within a period of eight weeks from the date on which an authenticated copy of this order is served to the Court Commissioner. (A.S.OKA,J) ash