1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3324/2009 Hazaratsaheb Gajbar @ Sharik Maslat (deceased through LRs.) PETITIONER VS. Mahaboobbi w/o Mahamadsaheb Gajbar RESPONDENT & Anr. Mr.S.G.Deshmukh for the petitioner None for respondents CORAM: MRS.MRIDULA BHATKAR,J. DATE: 12TH JUNE,2009 P.C. . The respondents absent though duly served. 2] Heard learned counsel for the petitioner. 3] The petitioner has filed this petition seeking relief that the order dated 23/4/2008 passed by the Civil Judge,J.D.Miraj below Exhs. 128 and 148 and order dated 9/6/2008 passed in Regular Darkhast No. 14/1982 be set aside as the Collector ,Sangli has wrongly interpreted the execution order passed by the concerned Court which resulted into incorrect distribution of the land which is not made as per the order of the Court. The learned counsel for the petitioner has submitted that the 2 petitioner , the original plaintiff , was entitled to received ¾ share (12 Ana) in the suit property and the Decree Holder/respondent was to receive ¼ share (4 Ana) . In support of his submissions he has pointed out the order passed by the Civil Judge ,J.D.Miraj where the directions of issuance of letter to the Collector to take cognizance of the partition as per ¼ share mentioned in saledeed were given by the learned Judge. However,the Collector while dividing the land by meets and bound did not take into account this direction of the Court regarding ¼ share mentioned in the saledeed. 4] It appears from the record and submissions that the judgment / decree of the Trial Court is not properly executed and it requires to be verified by the executing Court . 5] Hence the matter is remanded back with direction that the executing Court to look into the matter ,give notices to all the parties and and issue proper directions to the Collector/concerned officer for the proper execution of its order. (Mrs.Mridula Bhatkar,J.) srs