( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4453 OF 2010 Mahadu s/o Bhau Hadwale PETITIONER VERSUS Bababai Laxman Kathe & another RESPONDENTS ..... Mr. M.M. Nerlikar, advocate holding for Mr. S.T. Shelke, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 25th June, 2010] PER COURT : 1. Heard. 2. The petitioner is Judgementdebtor (JD) No. 2 against whom decree for possession is passed. The decree-holder (DH) has taken out execution vide Regular Darkhast No. 96/2006. The DH filed application (Exh-17) seeking appointment of Court Commissioner for the purpose of removal of the roof and hut situated in the suit plot. The application is granted by the learned Civil Judge. According to the learned counsel for the petitioner, the petitioner is residing in the said hut since long and it is situated in different part of the land which has no connection with the disputed portion. The executing Court has observed that the petitioner lost the legal battle ( 2 ) upto the level of High Court and the High Court dismissed the Second Appeal No. 359/1998 and such kind of objection was never raised before the trial Court, first Appellate Court or the High Court. The petitioner cannot be allowed to agitate such question for the first time during course of execution. The attempt appears to be to protract the delivery of possession. Hence, I do not find any substance in the petition. Petition is dismissed. 3. It is urged by learned counsel for the petitioner that the petitioner may be protected uptill end of rainy season. If the petitioner is ready to give an undertaking before the trial Court and would give such undertaking that he will remove the hut at his own costs and will deliver possession of the land in question to the decree-holder by end of August, 2010, then the executing Court may grant him time to do so. 4. Copy of this order be supplied to the counsel for the petitioner, duly authenticated by the Court Shirestedar, at request of learned counsel. [V.R. KINGAONKAR] JUDGE NPJ/wp4453-10