1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3517 OF 2009 Vitthal Ganpatrao Disale .. Petitioner Versus Yamunabai Gajanan Tagunde & Ors. .. Respondents Mr.S.S.Kulknari for the petitioner. CORAM : A.S.OKA, J. DATE : 26th August 2009. P.C.: . Heard learned counsel appearing for the petitioner. He has invited my attention to a true copy of the plaint which is tendered on record today. He pointed out that the boundaries of the suit property incorporated in the plaint are different from the boundaries of the suit property incorporated in the draft Sale Deed on record of the execution application. He pointed out that this aspect has not been specifically raised by the petitioner before the executing Court. He states that he is not pressing the petition on merits but he may be permitted to file appropriate application before the executing Court for raising the 2 aforesaid objection as regards the boundaries of the suit property incorporated in the draft Sale Deed. 2. The request is reasonable which deserves to be accepted and I pass following order: : O R D E R : (a) The petition is dismissed as withdrawn with liberty to the petitioner to file application as aforesaid. If such application is filed within a period of three weeks from today, the executing Court will decide the same in accordance with law. (b) For a period of six weeks from today the Sale Deed shall not be executed. (A.S.OKA,J)