Created by Fuzzy Cloud

Bombay High Court

BEBABAI NAGO MARATHE DIED THR LRS SUMANBAI KASHINATH MARATHEversusAADHAR DONGAR MARATHE DIED THR LRS MAGAN AADHAR MARATHE AND OTHERS

Disposal
DISPOSED OFF

Holding

The court granted a final opportunity to file the say, conditioned on payment of costs and a prohibition on further adjournments.

Summary

The petitioner, a judgment debtor, challenged the lower court’s order rejecting his application for an adjournment to file his say in execution proceedings. The respondents opposed, citing the petitioner’s repeated failure to comply with earlier court orders, including payment of costs and vacating premises. The High Court noted the petitioner’s pattern of delay and non‑compliance but decided to grant one last opportunity to file the say, subject to strict conditions. The court ordered the petitioner to pay Rs. 5,000 to the respondent within a week and an additional Rs. 10,000 for inconvenience, and barred any further adjournments. The petitioner must also inform the trial court of this order before the scheduled execution date. With these directions, the writ petition was disposed.

Issues considered

  • Whether the order rejecting the petitioner's application for adjournment in the execution proceedings should be set aside.
  • Whether the petitioner should be granted a final opportunity to file his say subject to conditions.
  • Whether costs should be imposed on the petitioner for non‑compliance and delay.

Subjects

  • execution proceedings
  • adjournment
  • judgment debtor
  • costs
  • vacate premises
  • say
  • writ petition

Judgment

2026:BHC-AUG:42925


                                                 1                         925.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             WRIT PETITION NO. 12732 OF 2026
                      BEBABAI NAGO MARATHE DIED THR LRS
                         SUMANBAI KASHINATH MARATHE
                                         VERSUS
              AADHAR DONGAR MARATHE DIED THR LRS MAGAN AADHAR
                                MARATHE AND OTHERS
                                              ...
                    Advocate for Petitioner : Mr. Laxman Vishnu Sangit
                  Advocate for Respondent Nos. 1a & 2 : Mr. Malte Uday S.
                                             …

                                      CORAM : MANJUSHA DESHPANDE, J.

                                       DATE      : 22nd SEPTEMBER, 2026


              PER COURT :

              1.          The Petitioner is challenging the order passed below Exhibit

              22, wherein the Application seeking time to file say in the execution

              proceedings has been rejected vide order dated 10.09.2025.


              2.          Learned Advocate for the Petitioner has placed on record the

              earlier orders passed in the earlier Applications filed by the present

              Petitioner who is a judgment debtor seeking adjournment in the execution

              proceedings filed on 10.09.2025, as well as the order passed thereon on

              the very day wherein the Court has recorded that since last three dates,

              the judgment debtor is seeking adjournment for say and is not taking
                                     2                          925.odt


steps for filing the say. The Application filed by the Petitioner seeking

adjournment discloses that the Advocate on record appearing for the

judgment debtor was out of station. Therefore, the adjournment

Application was filed on 10.09.2025. However, the Court has recorded

that even on the previous three dates, the judgment debtor has failed to

file say and on this background, the Application came to be rejected.


3.           It is the contention of the Petitioner that the Petitioner needs

to be granted one opportunity to file the say in the execution Application.

The prayer made by the Petitioner is vehemently opposed by the learned

Advocate appearing for all the Respondents, by contending that in spite

of the order passed by this Court on 03.11.2023, observing that the

Petitioner herein who is a judgment debtor is avoiding to comply with the

order passed in the Regular Civil Appeal no. 157/2011, dated 05.04.2016.

This Court has imposed costs of Rs. 5,000/- after observing the conduct

of the present Petitioner and has also granted six months time to vacate

the premises. He has also observed the conduct of the Petitioner more

particularly his failure to vacate the premises as directed by this Court

vide order dated 07.11.2009, and has further directed that the Petitioner

shall vacate the suit premises forthwith.


4.           It is submitted that in spite of the orders passed by this Court
                                     3                         925.odt


on 03.11.2023, the Petitioner is filing Application and seeking

adjournment, thereby protracting the litigation. He further submits that

neither the Petitioner has paid the costs as directed by this Court vide

order dated 03.11.2023, nor the possession has been handed over by

vacating the premises. In view thereof, it is submitted that no interference

is warranted in the order impugned. Although the submissions made by

the learned Advocate for the Respondents is supported by the various

orders passed by this Court placed on record.


5.           In my opinion, it would be appropriate to grant one last

opportunity to the Petitioner to file his say to the execution Application

no. 01/2024, on the condition that the Petitioner shall comply with clause

no. 3 of the order passed by this Court in Second Appeal no. 31/2017,

dated 03.11.2023, by making payment of costs of Rs. 5,000/- to the

Respondent within a period of one week from the date of this order.


6.           In addition, the Petitioner shall also pay costs of Rs. 10,000/-

for the inconvenience caused to the Respondent herein and also shall not

seek any adjournment in the execution proceedings pending before the

executing Court, subject to fulfillment of the aforementioned conditions

the liberty to file say is granted. Learned Advocate for the Petitioner

submits that in fact tomorrow itself i.e. on 23.09.2026, the date is fixed
                                     4                        925.odt


for execution of the order before the trial Court, the learned Advocate

undertake to inform the trial Court about the order passed by this Court.


7.             With the aforementioned directions, Writ Petition stands

disposed of.




                                     ( MANJUSHA DESHPANDE, J. )




SPC


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.