1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3043 OF 2008 Pradeep s/o Eknath Pisal and others ...Petitioners Versus Radhakisan Shankar Chavan and others ...Respondents ..... Mr. P.S. Pawar, advocate for the petitioners Mr. R.R. Karpe, advocate for respondent Nos.6 to 8. ..... CORAM: S. S. SHINDE, J. DATED: 5TH SEPTEMBER, 2009 PER COURT:- 1 Heard learned counsel for the petitioners and the learned counsel for respondent Nos. 6 to 8. Though the other respondents are served, none appears for them. This petition takes exception to the order dated 2.2.2008 passed below Exh.25 by the learned C.J.J.D. Newasa. 2 Learned counsel appearing for the petitioners invited my attention to the grounds taken in the petition and submitted that when decree is passed in favour of the petitioners and in pursuant to that when the order was passed for measurement of the land in execution 2 proceedings and when respondent Nos. 9 and 10 were present, at the time of measurement, the impugned order is unwarranted. According to the learned counsel once the order to measure the land in pursuance to the decree is passed, the court has no business to pass further orders. According to learned counsel, once order for measurement was passed and measurement was carried out, the decree passed in his favour is executed. Learned counsel has further invited my attention to the contents of the application filed by respondent Nos. 9 and 10 and more particularly para 6 and submitted that the grounds taken by the respondent Nos. 9 and 10 that they were not present at the time of measurement is falsified in view of the averments in para 6 of the application. Learned counsel has also invited my attention to each and every grounds taken in the petition and submitted that the impugned order deserves to be set aside. Though counsel for the respondent Nos. 6 to 8 appears and has vehemently opposed the prayers in the petition. 3 After hearing learned counsel appearing for the petitioner and on careful perusal of the reasons recorded by the court below, it appears that the measurement of the lands in question has been carried out by the T.I.L.R. By measuring Gat No. 1913/2 area 1 H, however, adjoining lands have not been measured by the T.I.L.R. The 3 court has recorded that as per Rules, at the time of measurement of the land in question, it was incumbent upon the T.I.L.R. to carry out measurement of even adjoining lands. The court has further recorded that the respondent Nos. 9 and 10 were not present at the time of measurement. The executing court has further directed the T.I.L.R. to remeasure the lands from Gat Nos. 1913 and 1914 and then fixed the boundaries of Gat No. 1913/2 area 1 Hectare. 4 Viewed from any angle the impugned order passed by the court below cannot be said to be prejudicial to the interest of the petitioners. Apart from that as a matter of fact the court has recorded that the adjoining lands are not measured while carrying out the measurement and also respondent Nos. 9 and 10 who were not present. 5 Though the learned counsel for the petitioners has vehemently submitted that the respondent Nos. 9 and 10 were very much present at the time of measurement, the observations of the trial court that respondent Nos. 9 and 10 were not present at the time of measurement cannot be brushed aside. Apart from that, the contention of the counsel for the petitioners that if the land is remeasured, the petitioner will have to bear more expenses, there is no any foundation in the petition neither there is any prayer to that effect and therefore, the same contention is required to be rejected. In the writ jurisdiction, no interference is called for in the impugned order. The writ petition is 4 dismissed. Interim relief, stands vacated. Civil application, if any stands disposed of. 6 Since the impugned order passed in 2006, it would be desirable that the land, as directed by the executing court, shall be measured within two months from the date of receipt of writ from this Court, by the authorities concerned. *****