spb/- 1 wp1501-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 1501 OF 2011 Shri Motiram Rama Mhatre . ... Petitioner. (Org.Defendant/ Jt. Debtor) V/s. Shri Janardan Yashwant Patil . ... Respondent. (Org.Plntff./Decree Holder) --- Ms. Gauri Godse for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 07th JUNE, 2011. P.C. : 1 This petition is directed against an order passed in execution by the executing court, rejecting the application of the petitioner (judgment debtor) for appointment of fresh court commissioner for measurement of the suit property. 2 It is settled principle of law that executing court cannot go beyond the decree passed. The decree for removal of encroachment was passed by the District Judge, Alibag which reads as under : “Appeal stands dismissed with costs. However, map of Cadastral Surveyor (Exh.34) shall form part of the decree and it is further directed that Defendant Motiram shall spb/- 2 wp1501-11.sxw hand over vacant possession of the encroached portion marked by letters “A”, “B”,”C” and “D” in map Exh. 34 and plaintiff to receive the same.” 3 There was thus no question of appointment of fresh court commissioner for measurement once the property was measured by the Cadastral Surveyor and his map formed a part of the decree. The decree has to be executed as per the map Exh. 34 (wrongly mentioned as Exh. 43 in the order of the executing court). 4 There is no merit in the petition which is hereby rejected. [D.G. KARNIK, J.]