1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10104 OF 2010 Shaikh Ajij Ul-Haq Abdul Kadar ... PETITIONER VERSUS Prasad s/o Khushalchand Katariya ... RESPONDENT ..... Shri A.N. Nagargoje, Advocate for the petitioner ..... CORAM : R.M. BORDE, J. DATE : 25th October, 2010 PER COURT : 1. An order passed by the Executing Court below Exh.1 on 7.9.2010 is subjected to challenge in this petition. It is not controverted that the parties to the litigation reached understanding amongst themselves and terms of compromise have been settled and those are placed on record in Writ Petition No.5070/2009. As per the agreement reached between the parties, it is agreed that, C.T.S. No.4887, situate within the Municipal limits of Sangamner be measured and if on measurement said shed is found to be on C.T.S. No.4887 to the satisfaction of the trial Court, then it may pass suitable orders regarding delivery of possession. It transpired that in pursuance to the agreement and on disposal of Writ Petition, the matter again appeared before the Executing Court and the Executing Court called for the report of the Commissioner, which is placed 2 at Exh. 45. On perusal of the report of the Commissioner, the trial Court found that, the disputed area which includes shed, forms part of C.T.S. .No.4887 and the suit property. The Court, therefore, directed issuance of possession warrant as prayed for by the decree holder. On perusal of the record of the case, I do not find that the Executing Court has committed an error in passing the impugned order. No interference is called for in exercise of powers conferred under Article 227 of the Constitution of India. Writ Petition stands rejected. R.M. BORDE JUDGE fmp/wp10104.10