Bombay High Court

PANDITRAO WAMANRAO PAWAR AND OTHERSversusSAYABAI NAMDEO AGLAVE AND ORS.

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The applications are disposed, and the applicants are free to file appropriate proceedings before the competent revenue authority.

Summary

The applicants, Panditrao Wamanrao Pawar and others, filed civil applications seeking relief in pending execution proceedings arising from a decree of the Civil Court. A precept under Section 54 of the Code of Civil Procedure had been issued to the District Collector, and the applicants intended to raise objections before the revenue authority. The learned counsel argued that the court should entertain these objections or stay the execution. The bench held that the applications could not be entertained further and directed the applicants to approach the competent revenue authority with appropriate proceedings. The court emphasized that the authority would consider the objections on its own merits in accordance with law. Consequently, the civil applications were disposed.

Issues considered

What relief, if any, is available to the applicants to contest the precept issued under Section 54 CPC before the revenue authority?

Legislation cited

Code of Civil Procedure — s. 54

Subjects

execution proceedings
precept
Section 54 CPC
revenue authority
civil application
jurisdiction

Judgment

2026:BHC-AUG:11960
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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