Bombay High Court

PANDITRAO WAMANRAO PAWAR AND OTHERSversusSAYABAI NAMDEO AGLAVE AND ORS.

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court disposed of the applications, allowing the applicants to file appropriate proceedings before the competent revenue authority.

Summary

The applicants, Panditrao Wamanrao Pawar and others, filed civil applications seeking to raise objections before the Revenue Authority against a precept issued to the District Collector under Section 54 of the Code of Civil Procedure, which was issued to enforce a decree from the Civil Court. The respondents, Sayabai Namdeo Aglave and others, opposed the applications. The Court examined whether the applicants could directly challenge the precept before the revenue authority. It held that the applications could be disposed of, leaving the applicants free to initiate appropriate proceedings before the competent authority. The Court directed that any such proceedings be considered on their merits in accordance with law, and consequently disposed of the civil applications.

Issues considered

Whether the applicants may raise objections to a precept issued under Section 54 CPC before the Revenue Authority
Whether the civil applications seeking such objection should be entertained by the Court

Legislation cited

Code of Civil Procedure — s. 54

Subjects

execution proceedings
decree
precept
Section 54
Civil Procedure Code
Revenue Authority
civil application
disposal

Judgment

2026:BHC-AUG:11959
Dilwale 1 917-CA-5727-25-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

917 CIVIL APPLICATION NO. 5727 OF 2025
IN
SECOND APPEAL NO.279 OF 1997
WITH
CIVIL APPLICATION NO. 8239 OF 2025
Panditrao Wamanrao Pawar And Others
VERSUS
Sayabai Namdeo Aglave And Ors.
...
Advocate for Applicants : Mr. B. N. Patil
Advocate for Respondents : Mr. Imale Ramesh Ramdas
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.03.2026

PER COURT :
1. The learned counsel for the applicants, Mr. B. N. Patil, submits that

execution proceedings are pending pursuant to the decree passed by the

Civil Court and that a precept has been sent to the District Collector

under Section 54 of the Code of Civil Procedure. He further submits that

the applicants intend to raise objections before the Revenue Authority.

2. In view of the above, the present applications are disposed of. The

applicants are at liberty to file appropriate proceedings before the

competent authority. If such proceedings are filed, the authority shall

consider the same on its own merits, in accordance with law.

3. Civil Applications stand disposed of in the above terms.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE

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