ORDER : S. N. Variava, J. This is defendant's appeal. The plaintiff-respondents filed a suit for possession in respect of land measuring 35 gunthas in Gat No. 446/1 situated in village Ralegaon, District Ahmadnagar. Paragraph 1 of the plaint stated that there is a Well on the said plot of land. 2. The defendant-appellant filed a written statement wherein it was stated that the Well is not on Gat No. 446/1, but it is on an adjacent plot of land, Gat No. 443 (Survey Plot no. 131/7) which belonged to him. No issue was framed by the trial court as to whether on which plot of land the Well is situated. Still the trial court recorded a finding that the Well existed on Survey Plot No. 131/7. The suit was dismissed. The plaintiff-respondents preferred first appeal and the same was allowed. Consequently, the suit was decreed. Second appeal preferred by the defendant was dismissed by the High Court. It is against the said judgment, the defendant has filed this appeal. 3. Learned counsel, at the outset, conceded that on merits he will not be able to succeed on the question of adverse possession. However, he contended that neither the first appellate court nor the High Court has recorded any finding that the Well existed in Gat No. 446/1. It is true that in the plaint the plaintiff asserted that there is a Well in Gat No. 446/1 and the area of the land is 35 gunthas. The relief 'A' sought in the plaint is that the possession of the suit property as stated in para 1 may be delivered from the defendant. 4. The trial court has categorically recorded a finding of fact that the Well is situated in Survey Plot No. 131/7. The said finding has not been set aside either by the first appellate court or by the High Court. Moreover, in the revenue record of the year 1957 the Well is recorded in Survey Plot No. 131/7. 5. We, therefore, clarify that the executing court shall appoint a Commissioner to ascertain as to whether the Well falls in Gat No. 446/1 or Gat No. 443 (Survey Plot No. 131/7). If the Well is found in Gat No. 443 (Survey Plot No. 131/7), the same shall be excluded from the decree. 6. With this clarification, we affirm the judgment of the first appellate court. If the Well is found in Gat No. 443 (Survey Plot No. 131/7), the same shall be excluded from the decree. 6. With this clarification, we affirm the judgment of the first appellate court. The appeal is disposed of accordingly. No costs.