K.S.JHAVERI,J. - (1.) Delay in filing the appeal is condoned. The application under section 5 of the Limitation Act stands allowed.
(2.) By way of this appeal, the appellant has assailed the judgment and order of the learned Single Judge whereby learned Single Judge has dismissed the writ petition and confirmed the order of Board of Revenue.
(3.) Counsel for the appellant contended that in view of decree which reads as under:- ...[VERNACULAR TEXT OMITTED]... 3. 1. The same was satisfied on 15.10.2013 by passing the following order:- ...[VERNACULAR TEXT OMITTED]... 3. 2. The Board of Revenue while considering the matter observed as under:- ...[VERNACULAR TEXT OMITTED]... 3. 3. He contended that after decree having been satisfied executing court has travelled beyond the decree. The Board of Revenue while considering the matter has considered the fact that the road was existing even prior to the earlier order. In that view of the matter, fresh map will come in the way of the present appellant, the order could be found executiable. 3. 4. While considering the matter, learned Single Judge observed as under:- "Learned counsel submits that initially when the trace map was prepared and produced before the Executing Court, it was proper but was ordered to be altered vide order dated 15th October, 2013. The trace map with dotted lines is now affecting the petitioner. The public way would be passing from the middle of the land belonging to the petitioner thus order dated 15th October, 2013 was challenged before the Board of Revenue. I have considered the submission made by learned counsel for petitioner and perused the record. The perusal of decree reveals a direction to maintain the public way by dotted lines as was existing earlier. The dotted lines were not shown in the trace map during the settlement proceedings thus direction was sought and given to maintain the public way. The execution petition was filed where a trace map with dotted lines was submitted but finding it to be not in consonance to the direction, a fresh trace map with dotted lines was produced. It has been challenged by the petitioner on the ground that first trace map with dotted lines was proper. The Board of Revenue has rightly declined to cause interference in the order of the Executing Court as the decree was not executed in terms of the order.";