( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2419 OF 2010 Motilal s/o Sardarmal Porwal Since deceased, by L.Rs. PETITONERS VERSUS Ashokchand w/o Khushalchand Bakliwal & others RESPONDENTS …. Mr. S.S. Ladda, advocate for the petitioners. Mr. C.R. Deshpande, advocate holding for Mrs. Sabahat T. Kazi, advocate for the respondent No. 1. …. [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th July, 2010] PER COURT : 1. By consent, the petition is being disposed of in the following manner. (I) The impugned order is set aside. (ii) The dispute regarding description of the property which is claimed by the decree-holder (assignee) shall be identified by appointing a Court Commissioner to visit the suit property in order to locate the portion of the property which was jointly purchased by Ashokchand Bakliwal and Vijay ( 2 ) Bakliwal by virtue of sale-deed dated 20-02-1995. A copy of the sale-deed shall be supplied to the Court Commissioner before he intends to visit the suit premises. (iii) The Court Commissioner may be further furnished with the copies of sale-deeds dated 03-07-1999 and 12-07-2006 whereby the part of the said property comprising of 6.0625 sq.mtrs. was transferred in favour of Kailash Girwale and Baban Shelke by said Vijay Bakliwal and part of 6.0625 sq.mtrs. was transferred in favour of the petitioner No.1 - Jitendra. (iv) The executing Court shall direct the Court Commissioner to specify the above three portions in a sketch and to ascertain whether the portion claimed by the decree- holder is the same one which is described in the sale-deed dated 12-07-2006 or it is different one. (v) The executing Court shall thereafter de novo finally decide the Darkhast. The appointment of Court Commissioner and report shall be within period of one month after receipt of writ of this Court and after the report is received, which shall be called within period of one month, the Darkhast may ( 3 ) be de novo considered and decided within period of three (3) months. 2. The record shall be immediately transmitted to the executing Court without any delay. 3. The petition is accordingly disposed of. 4. The parties may act on copy of this order, duly authenticated by the Court Shirestedar. [V.R. KINGAONKAR] JUDGE NPJ/wp2419-10