1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1493/2011 SMT. MALAN NAGAPURE & OTHERS ..VS.. SURESH HAWALE & OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shendre, advocate for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. D A T E : MARCH 25, 2011. Heard Shri Shendre, the learned counsel for he petitioner. There is no error in the order passed by the executing court on 14.3.2011 rejecting an application filed by the petitioner for appointment of court commissioner at the time of execution of the possession warrant. The executing court rightly held that the identification of the property as per the valid map was clear and according to the earlier warrant of possession and the bailiff report, the suit property i.e. survey no.500/1-A was a separate piece of land which was clearly demarcated. The executing court held and rightly so that there was no difficulty as regards the identification of the property. The court observed that the apprehension of the petitioners that the decree holders may grab the land admeasuring 1.21 H.R. in possession of the judgment debtor instead of land admeasuring .068 H.R. for which the decree was passed, was not well founded. The executing court in 2 the facts and circumstances of the case held that the appointment of the court commissioner would create more complications in the matter and the petitioners were therefor, not entitled for grant of prayer made in the application. The order passed by the executing court appears to be just and proper and calls for no interference in exercise of the writ jurisdiction. The writ petition is dismissed with no order as to costs. JUDGE SMP