1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 551 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 551 OF 2011 *** 1. Heard. The petitioner judgment debtor filed application Exhibit-108 for appoint of Commissioner, as according to him, decree cannot be executed without his report. The application was opposed by decree holder. Executing Court has applied its mind in para 6 and 7 of the impugned order to note that the decree can be executed on the basis of description of property as given and appointment of Commissioner is not necessary. 2. Learned counsel contends that this R.D. No.298 of 2004 is to be tried with Regular Civil Suit NO.108 of 2006 as per orders of Principal District Judge dated 31st July, 2010. However, during hearing, it has been pointed out that there was temporary injunction earlier operating in that suit prohibiting execution of decree and that was lateron vacated. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 551 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. IN this background, I do not find anything wrong with the view taken by the executing Court. No case is made out warranting interference. Petition is rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/551