Bombay High Court

SAMBHAJI SHIVAPPA DADGHE AND OTHERSversusMAHADABAI GUNWATRAO PATIL AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition is withdrawn and the execution of the decree must be completed within six months.

Summary

The petitioners filed a writ petition seeking execution of a decree from Regular Civil Appeal No.134 of 1970. During the hearing, the petitioner's counsel, Mr. B.A. Darak, requested permission to withdraw the petition while urging the court to expedite the execution proceedings. The bench, presided over by Justice S. G. Chapalgaonkar, granted the withdrawal and ordered that respondents 5 and 6 complete the execution within six months, in line with the earlier decree, the executing court’s order dated 15‑03‑2019, and the Supreme Court’s directions in Misc. Application No.430 of 2023 (SLP (C) No.18684 of 2022). The court also disposed of any pending civil application related to the matter. Consequently, the writ petition was dismissed as withdrawn and the execution timeline was set.

Issues considered

Whether a writ petition may be withdrawn at the petitioner's request.
What timeline should be imposed for the execution of the decree pending from Civil Appeal No.134 of 1970.

Subjects

writ petition
withdrawal
execution of decree
civil appeal
Supreme Court directions
High Court of Bombay

Judgment

2026:BHC-AUG:510


                                               1                      wp 1710.25.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                952 WRIT PETITION NO.1710 OF 2025

                        Vishwanathappa Gurubasappa Chawanda And Others
                                               VERSUS
                                Sambhaji Shivappa Dadghe And Others
                                                   ...
                   Advocate for Petitioners : Mr. B.A. Darak
                   Advocate for Respondents 1,2 : Mr. V.D. Hon Sr. Counsel i/b
                   Mr. C. D. Biradar
                   Mr. A S Kulkarni Advocate For R.no 7 To 10
                                                   …
                                                 WITH
                    CIVIL APPLICATION NO. 10401 OF 2025 IN WP/1710/2025
                                                   …

                                      CORAM : S. G. CHAPALGAONKAR, J.
                                      Dated     : January 08, 2026

                   PER COURT :-

                   1.    Heard learned advocates appearing for the respective

                   parties.


                   2.    Mr. Darak, learned advocate appearing for petitioners,

                   after arguing for some time, seeks permission to withdraw this

                   writ petition, however, urges to expedite the proceeding of

                   Execution.


                   3.    Permission granted. Writ Petition stands disposed off as

                   withdrawn. Respondent nos.5 and 6 shall expedite the

                   Execution Proceeding within a period of six (6) Months from
                                2                        wp 1710.25.odt

the date of this order in terms of the decree passed in Regular

Civil Appeal No.134 of 1970 keeping in mind the directions

given by the Executing Court vide order dated 15.3.2019 and

the directions given by the Supreme Court of India in Misc.

Application no.430 of 2023 in SLP (C) No.18684 of 2022 dated

28.08.2023.


4.      Pending civil application, if any, also stands disposed of.



                                     ( S. G. CHAPALGAONKAR, J. )
                                    ...

AAA/-

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