1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4798/2009 ( Prabhakar Balusa Mawale -: versus :- Sumitrabai R. Pawar and another .) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 13, 2 0 0 9. Heard Shri A.S. Mardikar, learned counsel for petitioner. One of the contention of Shri Mardikar, learned counsel for petitioner is that, perusal of Exh.1 shows that, the respondent / decree holder was not seeking execution of right of easement given to him by the Appellate Court. I find that the present petitioner has not invited attention of trial Court to this aspect and there is no finding in this respect by the trial Court. Petitioner wanted Commissioner to be appointed to bring on record the fact that latrine, in relation to which said right was given was not in existence. The Executing Court has rightly refused to appoint such Commissioner. The petitioner is at liberty to point out alleged prayer in Exh.1 to the Executing Court and seek appropriate orders in relation thereto. 2 No case is made out by petitioner warranting interference in writ jurisdiction. Writ Petition is therefore, dismissed, with no order as to costs. JUDGE Rgd.