(1) WP. 2716.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2716 OF 2010 Gorakhshanath S/o Changdeo Chaudhari .. Petitioner VERSUS Anna S/o Damu Chaudhari and anr. .. Respondents Mr. A.D. Shinde, Advocate for the Petitioner ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel. 2] The petitioner is judgment debtor against whom decree for removal of encroachment to the extent of 4R area is passed by the Court and confirmed by the appellate Court. According to the petitioner, the area of his land, bearing gat no. 374, is 48 R and he is ready to give excess area, if measurement is carried out again. The petitioner filed an application that both the lands may be measured through cadestral surveyor and thereafter, the encroached area may be determined. The application was rejected by the executing Court. (2) WP. 2716.2010 3] Upon hearing learned counsel and on going through the relevant orders, it is amply clear that the petitioner desired to re-agitate the same objections which were raised in the suit. It is found by the trial Court that there was encroachment and the same was determined on the basis of measurement map. It is not necessary to again carry out measurement and re-determine the issue regarding the encroachment. The purpose of the application appears to be of protraction. The executing Court has issued possession warrant for handing over the encroached portion to the decree holder. There appears no serious error committed by the executing Court while passing the impugned order. The Writ Petition is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp