Bombay High Court

GURUNATH NAMDEV CHOPDEKAR AND ANRversusRAJENDRA NAMDEV CHOPDEKAR AND 5 ORS

Disposal: Disposed of

Holding

The High Court quashed the impugned execution order and remitted the case to the Civil Judge for execution in accordance with the surveyor’s report and plan.

Summary

The petitioners challenged the Civil Judge Junior Division, Pernem's order accepting a Commissioner’s report and plan for executing a decree concerning land in Survey No.115/0. The High Court appointed Mr. Vivek G. Naik as surveyor to demarcate the property using total station methods, referencing the 1979 deed of sale. The surveyor submitted his report and plan on 2 August 2026, which the parties accepted as correct. The Court partially allowed the writ petition, quashed the impugned order, and remitted the matter to the Civil Judge for execution in accordance with the survey report. The writ petition was thereafter disposed.

Issues considered

What is the correctness of the Civil Judge’s order accepting the Commissioner’s report and plan for execution of the decree?
Whether the High Court can set aside the execution order and remand the matter for execution based on a newly prepared survey report?

Subjects

writ petition
execution of decree
surveyor appointment
property demarcation
Civil Procedure Code
High Court jurisdiction
quash order

Judgment

2026:BHC-GOA:1898
                                              903 WP 965 2026

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                                 WRIT PETITION NO.965 OF 2026

           GURUNATH NAMDEV CHOPDEKAR AND ANR                         ... PETITIONERS
             Versus
           RAJENDRA NAMDEV CHOPDEKAR AND 5
           ORS                                                       ... RESPONDENTS


           Mr. Ryan Menezes and Ms M. Silva, Advocates for Petitioners.
           Mr Kabir Sabnis, Advocate for Respondent No.3.


                                  CORAM:- S. G. CHAPALGAONKAR, J.
                                  DATED :- 24th September, 2026

           P.C.:


           1.            The present writ petition takes exception to order dated
           12th November 2025 passed by Civil Judge Junior Division,
           Pernem, in Regular Execution Application No.1/2018 whereby
           Commissioner's report and plan at Exhibit D-11 were accepted for
           execution of decree.
           2.           On 15th December 2025, notices were issued in this writ
           petition. On appearance of parties, the matter was taken up for
           consideration on 16th February 2026. Parties showed agreement to
           appoint Mr Vivek G. Naik as Surveyor, who shall conduct the
           survey of portion of land under Survey No.115/0 of Village
           Pernem by using Total Station Survey Method. Surveyor was to
           consider boundaries of property specified in Deed of Sale dated

                                                  Page 1 of 2
                                              24th September, 2026
                                                        903 WP 965 2026


                     10th May 1979 along with survey plan. Surveyor was to demarcate
                     all structures and their dimensions existing at the site. In pursuance
                     to aforesaid order, the surveyor has executed the assignment and
                     submitted a report dated 2nd August 2026 along with plan.
                     3.               Learned Advocate appearing for respective parties
                     principally accepts the correctness of plan showing plot Nos.1, 2,
                     3, and 4 in Survey No.115/1 situated at Querim Village. In that
                     view of matter, only exercise of putting the parties into possession
                     by fixing boundaries as per plan remains.
                     4.          In that view of matter, writ petition is partly allowed. The
                     impugned order is quashed and set aside. Parties are relegated back
                     to Civil Judge Junior Division, Pernem/Executing Court for
                     finalizing execution proceedings in terms of report along with plan
                     tendered by Surveyor to this Court. Survey report along with
                     annexures thereto be transmitted to the Executing Court, and
                     parties shall proceed further to demarcate the property as per the
                     plan appended to survey/site inspection report submitted by Mr
                     Vivek G. Naik.
                     5.          Writ Petition stands disposed of in aforesaid terms.



                                                               S. G. CHAPALGAONKAR, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                            Page 2 of 2
Date: 24/09/2026 13:56:37
                                                        24th September, 2026

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