1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1445 OF 2010 Mukund s/o Prabhakar Ranbhor, age: 51 years, Occ: Service, Household, R/o Near Murlidhar Temple, Rahata, Tq.Rahata, Dist. Ahmednagar. Petitioner Versus Manohar Dattatrya Ranbhor (died, through L.Rs: 1-A) Smt.Madhuri Manohar Ranbhor, age: 69 years, Occ: Household, R/o Vijay Apartment, Near Ashar Hospital, Dindori Road, Panchwati, Nasik, Tq. & Dist. Nasik. 1-B) Sou.Kishori w/o Vijay Chitnis, age: 49 years, Occ: Household, R/o Satpur Colony, Nasik-7, M.I.J. 684. 1-C) Mahesh s/o Manohar Ranbhor, age: major, Occ: Service, R/o Vijay Apartment, Near Ashar Hospital, Dindori Road, Panchwati, Nasik, Tq. & Dist.Nasik. 1-D Sou.Shilpa w/o Ravindra Rajhans, age: 42 years, Occ: Household, R/o Harshvardhan Society, Building No.2, Plot No.9, Makhmalabad Naka, Panchavati, Nasik. Respondents Mr.Amol S. Gandhi, advocate for the petitioner. Mr.P.S.Dighe, advocate for Respondents No.1-A to 1-D. 2 CORAM: R.M.BORDE, J. DATE : 15th April, 2010. ORAL JUDGMENT: 1 Heard learned Counsel for respective parties. Rule, made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 The only grievance made by petitioner – judgment debtor is that the executing Court has permitted amendment to the execution application without extending an opportunity of hearing to judgment debtor. 3 It is not controverted that there is decree passed against petitioner in Special Civil Suit No.93/1992 directing to deliver possession of 3 acres of land out of 9 acres from S.No.97 to the plaintiff with one middle room out of five rooms constructed in S.No.97. The trial Court has also permitted, while passing decree, conduct of inquiry as regards mesne profits. The decree passed by trial Court on 29.11.2000 was put to execution by decree holders / Respondents herein in Special Darkhast No.34/2009. It is also not disputed that an application seeking amendment to Darkhast was presented on 04.04.2009 by decree holders. The amendment sought is in respect of boundaries of disputed portion. It is the contention of judgment debtor that amendment is permitted by the executing Court without extending an opportunity of hearing to judgment debtor. It is also not controverted that after presentation of Darkhast, notices were directed to be issued to the judgment debtor. After passing order directing issuance of notices to judgment debtor and after actual service of notice on judgment debtor, an application was tendered by decree holders seeking amendment to Darkhast, which was allowed by the executing Court. 4 That, so far as amendment sought by decree holders to the 3 execution application is concerned, same ought to have been permitted only after hearing objections raised by judgment debtor. The order passed by executing Court dated 04.04.2009 is without observance of principles of natural justice and, therefore, is liable to be quashed and set aside. It is further pointed out that the executing Court has also sent the papers along with decree to the Collector directing him to effect partition of property and hand over possession as per decree passed by trial Court in accordance with Section 54 of the Code of Civil Procedure. The executing Court requires to reconsider the order passed on 04.04.2009. The consequential order directing the Collector to take further steps in accordance with Section 54 of the Code of Civil Procedure also requires to be quashed and set aside. The executing Court, after considering objections raised by judgment debtor in respect of amendment, may proceed to pass further orders in the pending Darkhast. 5 In this view of the matter, Writ Petition stands allowed. The order passed by executing Court on 04.04.2009 below Exhibit-10 in Special Darkhast No. 34/2009 is quashed and set aside. The executing Court is directed to reconsider the application after extending an opportunity of hearing to the judgment debtor. 6 Rule is accordingly made absolute. In the facts and circumstances of this case, there shall be no order as to costs. (R.M.BORDE) JUDGE ******* adb/wp144510