1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6924 OF 2006 Pandharinath Dinkar Jadhav. ..Petitioner. V/s. Ramchandra Antu Khandait since deceased by his heirs: Popat R. Khandait & Ors. ..Respondents. Mr.Jaydeep Deo i/b. Smt.Suhasini Mutalik for petitioner. Mr.H.S.Anand i/b. Sarita Dande for respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 7, 2009. DATE : JANUARY 7, 2009. DATE : JANUARY 7, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. There is no dispute that the issue regarding description of the suit property was specifically raised and has been addressed by the Appellate District Court in the Regular Civil Appeal No.190 of 1994. In that view of the matter, it is not open to the Executing Court to once again address the same issue at the instance of the Petitioner. Thus understood, no fault can be found with the ultimate order passed by the Court below. Hence this Petition is dismissed. 2 3. Office shall examine as to whether the Petitioner is liable to pay three sets of Court Fee. If so, the Petitioner shall make good the same within one week from the date the Office notifies that position. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)