1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 148/2009 (Narayan M. Ahir (Gavali) Vs. Indubai B. Nemade) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.V. Sohoni, Advocate, for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : JUNE 24 , 2009 . By this petition, the petitioner impugns the order passed by the 3rd Joint Civil Judge, Jr. Dn., Akola, on 11/11/2008, rejecting an application filed by the petitioner/judgment-debtor for appointment of a Commissioner prior to the issuance of warrant of possession. It is the case of the petitioner that he has constructed two additional rooms in the suit property on the land which was the Government land. It is submitted on behalf of the petitioner that the petitioner apprehends that the decree-holder would dispossess the petitioner from the other land and property which was not the subject matter of the judgment and decree which is sought to be executed by the decree-holder. I have considered the submissions made on behalf of the petitioner and also perused the impugned order dated 11/11/2008. The submission made on behalf of the petitioner is ill-founded as the executing Court had perused the decree passed in Regular Civil Suit 2 No. 112/1988 and had clearly observed in the impugned order that the executing Court was to execute the decree only as per the direction given in the decree. The executing Court rightly observed that the application for appointment of Commissioner would not be entertained at the stage of execution merely with a view to collect the evidence. The order passed by the executing Court on 11/11/2008 is just and proper and calls for no interference in exercise of the extraordinary writ jurisdiction. The petition fails and is, therefore, dismissed with no order as to costs. JUDGE RMP