1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6036 OF 2008 Shashank Sharad Rao & Anr. ..Petitioners. V/s. Ashok V. Rao & Ors. ..Respondents. Mr.Arfan Sait for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 29, 2008. DATE : AUGUST 29, 2008. DATE : AUGUST 29, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. The grievance of the Petitioners in the context of observations in the impugned Order directing the Court Commissioner to suggest as to which vacant portion of the land admeasuring 9 acres 24 gunthas should be sold to the decree-holder is misplaced is misplaced. For, whether the decree provides for sale of any portion of land is a matter which will have to be considered by the executing Court at the appropriate stage. The Court Commissioner appointed by the lower Court will have to unambiguously record in his report that some vacant portion of the land is available and could be sold. In absence of such opinion of the Court 2 Commissioner, the question of executing Court directing sale of the land to the decreeholder though it is vacant land, may not arise. In other words, the Executing Court will have to consider all aspects of the matter on its own merits in accordance with the law after the Court Commissioner submits his report in terms of the Order dated 20th June, 2008. 3. Subject to above, Petition disposed of. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)