:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8365 OF 2006 Tanaji Tukaram Jadhav .. Petitioner. Vs. Anandrao Bapu Ghate Jadhav and Others .. Respondents. Mrs.Sujata S.Mogre for the petitioner. Mr.P.J.Thorat for respondent nos.1, 2, 3A and 3B. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 3RD MARCH, 2008. DATED : 3RD MARCH, 2008. DATED : 3RD MARCH, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Rule, returnable forthwith. By consent of learned counsel taken up for final hearing. Mr.Thorat, learned counsel waives service for respondent nos.1, 2, 3A and 3B. 3. The petitioner has impugned an order dated 16.8.2006 by which the court below has rejected the application at Exhibit-120 filed by the petitioner in regular Darkhast No.2 of 1999. By that application the petitioner had prayed for amendment of the decree in order to bring on record the renovation of the house property in Gat Nos.531/1 and 531 done by the respondent - judgment debtor during pendency of the :2: :2: :2: appeals. The court below has rejected the application for the reasons recorded in the order. From perusal of the application at Exhibit-120 and the other material on record I am of the view that such amendment was not necessary since including the Court Commissioner nobody till this date, has expressed any difficulty in execution of the decree in respect of the house property situated in Gat Nos.531/1 and 531. As far as identity of the house property situated in Gat Nos.531/1 and 531 is concerned it is not in dispute even though the house property was renovated during pendency of the proceedings. Learned counsel for the parties fairly stated that I need not record detailed reasons for disposing of this writ petition and they have agreed for the following order: . The impugned order dated 16.8.2006 is set aside. The petitioner is allowed to withdraw their application at Exhibit-120. The court below shall proceed further in the execution proceedings. It is open for the petitioner to adopt appropriate remedy, if the circumstances so demand. The writ petition is disposed of. Certified copy expedited. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)