3. Mr. Alange, learned Advocate for the Petitioners i.e. Judgment Debtors has drawn my attention to the order dated 11.07.2023 passed by the Executing Court while determining Applications filed below Exhibits “106” and “107” by the common order. Applications were made for execution of the decree and determining the boundaries of the encroached portion as decreed, by carrying out survey and measurement as per Exhibit “242” which is the site MAP identifying the encroached portion in colour and appended to the decree itself. The Executing Court after considering the entire gamut of the case and giving cogent reasons, identified that the boundaries of the encroached portion which had already stood determined by virtue of the MAP exhibited below Exhibit “242” appended to the decree passed in the year 2000. In paragraph No.5 of that order, learned Trial Court has noted that the decree is now absolute and final as the Judgment Debtor lost all attempts to challenge the decree right up to the High Court. Naturally the encroached area and portion as determined below Exhibit “242” out of City Survey No.7, 8, 9/1 to 9/5 was now to be handed over to the decree holder. The MAP prepared under Exhibit “242” is by the Court appointed Commissioner during the trial and it has been upheld by the learned Trial Court and is part of the decree. All that is now required
