The executing court has the authority to pass necessary orders for effective enforcement of the decree for possession, including the power to remove any obstruction or superstructure made pendente lite.

1. Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing at the admission stage.

2. The petitioner/original decree holder has filed an application at Exh.125 before the Executing court seeking amendment in Regular Darkhast No.02/2004. The learned Civil Judge, Jr. Division, Purna, by its impugned order dated 31.07.2012 rejected the said application. Hence, this writ petition.

3. Brief facts giving rise to the present writ petition, are as under :-

The petitioners are the legal representatives of the original plaintiff in Regular Civil Suit No.12/1997 (old R.C.S. No.234/1989). The said suit was instituted for recovery of possession and decree of perpetual injunction against the respondent/original defendant Municipal Council, Purna in respect of the suit property.

4. The trial court, by its judgment and order dated 15.1.2003, partly decreed the suit and thereby directed the Respondent/original defendant to hand over the possession of the land admeasuring 63R out of the land S.No.16 situated at Purna, Tq. Purna, District Parbhani to the plaintiff and further restrained the defendant Municipal Council, Purna, from using the road passing through said portion of the land admeasuring 63R in any manner. Said decree has attained finality. Consequently, the petitioner filed Regular Darkhast No.2/2004 before the learned Civil Judge Jr. Division, Purna.

5. During the course of the execution of the decree, the executing court was pleased to issue possession warrant. Some strangers had approached this Court by filing the Writ petition No.6258/2006 praying therein to stay the execution of the decree on the ground that they are the persons likely to be adversely affected by the execution of the decree. They were claiming to be in possession over some portion of the property through Municipal Council. However, this Court rejected the said writ petition with observations that strangers to the decree are entitled to file the appropriate application before the executing Court under the provisions of the Code of Civil Procedure. Thus, said strangers to the decree filed an application before the Executing Court about their possession over some portion of the property under execution i.e. precisely on the side portion of the road constructed by the Municipal Council. The learned Judge of the executing court, after considering their objections and reply filed by the decree holder, rejected said applications.

6. Thereafter, executing court was pleased to issue the warrant for delivery of possession in favour of the plaintiff as per the decree. Furthermore, necessary directions were also issued to the Taluka Inspector of Land Records, Purna to mark the property for execution and carry out the necessary measurement for that purpose. Accordingly, the Taluka Inspector of Land Records has carried out the measurement on 25.6.2008 and noted that the suit road has been expanded from both sides after previous measurement of the year 1986 relied upon in the suit and there is some encroachment in the periphery of the suit property. The Taluka Inspector of Land Records submitted its report dated 15.7.2008 to the Executing Court. The petitioner has, therefore, moved an application before the executing court to carry remeasurement of the suit property alongwith additional encroachment, if any, found on the spot. Said application was allowed and remeasurement was carried out on 5.6.2009 through the Taluka Inspector of Land Records, Purna. Accordingly, remeasurement was carried out.

7. In the remeasurement, it was found that actual land to the extent of 75R out of S.No.16 owned by the petitioner/decree holder is covered by the encroached area including the suit land admeasuring 63 R. The Taluka Inspector of Land Records has drawn a map showing additional encroachment, which is placed at Exh.123 alongwith panchnama at Exh.124 on the record of the executing Court.

8. In pursuance of the aforesaid contents of the p