Bombay High Court

SHREE RAM MANDIR TRUST THR. ITS CHAIRMAN PRAKASH KARYEKAR AND ANRversusSHAIKH MOHAMMED HANIF MAGAN BHAI AND ORS

Decided: 29 September 2026
Disposal: Dismissed

Holding

The civil revision application is dismissed, directing the executing court to decide the Special Darkhast in accordance with law.

Summary

Shree Ram Mandir Trust filed a civil revision seeking relief against Shaikh Mohammed Hanif Magan Bhai and others, challenging a Special Darkhast filed under Order XXI, Rules 97, 98 and 101 of the Code of Civil Procedure in the execution proceedings. The Court examined whether the revision was maintainable and whether the Special Darkhast could be entertained at this stage. It held that the matter should be decided by the executing court in accordance with law and did not delve into the merits of the application. Consequently, the revision application was disposed without any order on the merits. The decision underscores the limited scope of revision jurisdiction in execution matters.

Issues considered

Whether a Special Darkhast filed under Order XXI, Rules 97, 98 and 101 CPC is maintainable before a civil revision court
Whether the civil revision court has jurisdiction to entertain the merits of the Special Darkhast in execution proceedings

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXI Rule 101, Order XXI Rule 97, Order XXI Rule 98

Subjects

civil revision
special darkhast
execution proceedings
CPC Order XXI
jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

            CIVIL REVISION APPLICATION NO. 416 OF 2025

Shree Ram Mandir Trust
Thr. Its Chairman
Prakash Karyekar & Anr.                                          .. Applicants

           Vs.
Shaikh Mohammed Hanif Magan Bhai & Anr.                       .. Respondents


Adv. Rahul Thakur a/w. Adv. Akshay Kamble, for Applicants.
Adv. Rukshin G., Adv. Ishwar Ahuja, Adv. Gaurav Nair i/b. Saga legal, for
Respondent No. 7.
Adv. S. G. Kudle a/w Adv. K. D. Jadhav, for Respondent Nos. 1 to 3.

                                  CORAM : ARUN R. PEDNEKER, J.
                                  Date : 29th SEPTEMBER 2026
P.C. :

1.       Heard learned counsel for the parties.

2.       It appears that the Applicant has filed an Special Darkhast No. 126 of

2023 under Order XXI, Rule 97, 98 and 101 of the Code of Civil Procedure,

1908 in the execution proceedings filed by the Respondent trust.

3.     The concerned Executing Court would decide the same in accordance

with law.      I have not observed anything as regards the merits of the

application.

4.       The Civil Revision Application is disposed.

                                                  (ARUN R. PEDNEKER, J.)
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18.CRA.416.2025.doc                                            Sufiyan Syed - PA

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