-1- 64-WP-8561-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8561 OF 2026 NANDKUMAR SHANKARRAO RASNE VERSUS JAMNADAS PRABHUDAS BHAGWANI DIED THR LRS BAI JAMNADAS BHAGAWANI AND OTHERS ...... Advocate for the Petitioner : Mr. Nikhil Santosh Jaju ...… CORAM : S. G. CHAPALGAONKAR, J. DATED : 27th JULY, 2026 PER COURT : 1. The present writ petition takes exception to order dated 23.02.2026 passed by Civil Judge Senior Division, Ahmednagar below Exh.53 in Special Darkhast No. 72 of 2019, thereby issuing possession warrant in favour of respondent nos.1-A to 1-D. 2. Mr. Jaju, learned Advocate appearing for petitioner submits that execution of decree in terms of order passed by Executing Court may not be possible as handing over possession of smaller area which is falling to the share of respondents 1-A to 1-D would be difficult, because it would require removal of walls and old structures, causing damage to entire property. 2026:BHC-AUG:31410 -2- 64-WP-8561-2026 3. This Court finds that aforesaid objection could have raised by petitioner before Executing Court. The record does not depict that any sort of objection to execution of decree in terms of Commissioner's report was ever raised before Executing Court. 4. In this backdrop, writ petition stands disposed of with liberty in favour of petitioner to raise objection as to executability of decree on account of aforesaid difficulties. If such an objection is raised, the Executing Court shall consider it on its own merits. (S. G. CHAPALGAONKAR) JUDGE Tandale