1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.7553 of 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. A partition decree was rendered in suit (RCS No.31/1994) in respect of 6/13th share of the plaintiffs/Respondents in house pro0perty and one agricultural land. The house property bears CTS No.475. 3. The Executing Court appointed Court Commissioner for effecting partition of the house property. The Court Commissioner noticed that CTS No.475 comprises of 97 Sq. meters area though the record indicates that it is only 12 meters. The Court Commissioner was examined before the Executing Court and admitted that actual area is of 97 Sq. meters. A map was drawn in order to divide the said area as per the decree. The Executing Court directed that the possession shall be delivered as per the report of the Court Commissioner by dividing the property even if it is found to be locked with the help of Police. 4. The contention of the petitioner is that without rectification of the record of the City Survey, such division would be improper and illegal. It is contended that the area is not shown in the plaint and, therefore, the execution is improper. 5. The rectification of the entry is a formality which can be completed after the division is made. The entries in the City Survey record are for fiscal purpose and by themselves can not be treated as document of title. The impugned order does not suffer from any perversity and arbitrariness as such. Considering the nature of the order and the use of discretion by the Executing Court, the petition is dismissed. C.A. disposed of. (V.R.KINGAONKAR,J.) Dt.29.06.2009. asp/office/wp7553.07