wp6105.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6105 OF 2011 Lahanu s/o Punja Tambe and others ...Petitioners Versus Raosaheb s/o Bhikaji Tambe (since deceased, through L.Rs.) Chandrakant Raosaheb Tambe and others ...Respondents ..... Mr. Y.S. Chaudhari, advocate for the petitioner ..... CORAM: S.V. GANGAPURWALA, J. DATED: 16TH AUGUST, 2011 PER COURT:- 1 The judgment debtors have filed writ petition being aggrieved by the order passed by the Executing Court appointing the Commissioner to supervise the work regarding close of ditches and for removal of trees. 2 Shri Chaudhari, learned counsel for the petitioners submits that earlier on two occasions the Commissioner was appointed, still for the third time the Commissioner is appointed for the same purpose. Once the Commissioner was appointed for the same purpose, it would be wp6105.11 -2- out of jurisdiction to again appoint the Commissioner for the same purpose. According to the learned counsel, the application for appointment does not disclose the identity of the property. Under the garb of application for appointment of Commissioner, the respondents want to encroach upon the property of the petitioners. No details or boundaries of the said alleged pitch, as contended in the application are mentioned. The application is vague. No Commissioner could have been appointed on the basis of such application. 3 The decree of the competent civil court is passed in favour of the respondents. The petitioners are restrained from causing obstruction to the respondents in respect of the suit land, as described in para 1A and 1B of the plaint and as such the suit is decreed and it is for the execution of the said injunction decree, an application has been made. As such, the argument that no details are given about the property is not sustainable. No error of jurisdiction is committed while passing the impugned order. In view of the above, writ petition stands dismissed with no order as to costs. (S.V. GANGAPURWALA, J.) rlj/