1 W.P.No.9550/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9550 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.M.S.Shendage, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 13.12.2011. PER COURT : 1. Heard. 2. The decree holder has filed execution proceedings. In the said execution proceedings, the Court passed an order below Exh. 33 appointing Commissioner to execute the sale deed, pursuant to the decree. The said order is assailed in the present Writ Petition. The learned counsel for the petitioner vehemently submitted that the petitioner was not given the knowledge of the said proceedings. Even the advocate did not intimate the petitioner about the impugned order being passed. This order was passed behind the back of the petitioner. The learned counsel submits that all the proceedings, pursuant to the said order are illegal and can not be substantiated. As the said order is passed without hearing the 2 W.P.No.9550/11 petitioner, the same is bad in law. 3. From the record it appears that after the impugned order was passed appointing the Court Commissioner, the Court Commissioner had already executed the sale deed and the said order stands executed and implemented. 4. In view of the above, the present petition can not be entertained and as such is dismissed. However, there shall be no order as to costs. 5. Needless to state the petitioner is at liberty to take such appropriate steps as are available in law. (S.V.GANGAPURWALA,J.) Dt.13.12.2011. asp/office/wp9550.11 3 W.P.No.9550/11