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Bombay High Court

SANJIVANI BABU PUJARI AND ANRversusNAMDEO NILAPPA RAMPURE SINCE DECD. THR LRS

Disposal
Disposed off as Withdrawn

Holding

The petition is disposed of as withdrawn, allowing the petitioners to seek remedy in the executing court.

Summary

The petitioners, Sanjivani Babu Pujari and an associate, filed a writ petition challenging execution proceedings (R.D. No.19 of 2022) before the Civil Judge Senior Division, Ichalkaranji. Their counsel sought permission to withdraw the writ petition and instead approach the executing court to contest the executability of the decree. The High Court considered the request and found no impediment to allowing the withdrawal. Consequently, the court disposed of the writ petition as withdrawn, granting the petitioners liberty to pursue the appropriate remedy in the executing court. No substantive merits of the execution dispute were addressed.

Issues considered

  • Whether the petitioners may be permitted to withdraw the writ petition and approach the executing court to challenge the executability of the decree

Subjects

  • writ petition
  • execution proceedings
  • withdrawal of petition
  • civil procedure

Judgment

                                                                                   96-WP-13223-2023=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 13223 OF 2023
          Digitally
          signed by
                       Sanjivani Babu Pujari and Anr                              … Petitioners
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP                        Vs.
JAGTAP    Date:
          2026.09.11
          18:44:03
          +0530
                       Namdeo Nilappa Rampure Since Decd. Thr Lrs                 … Respondent
                                                        ………….
                       Mr. Nikhil N. Pawar for the Petitioners
                                                        ………….
                                                         CORAM : SHAILESH P. BRAHME, J.

                                                         DATE       : 10th SEPTEMBER, 2026.
                       P. C. :

                       .         The petitioners are challenging execution proceedings bearing R.D.

                       No.19 of 2022 pending before the Civil Judge Senior Division,

                       Ichalkaranji.

                       2.        Learned counsel for the petitioners seeks leave to withdraw the

                       petition and approach the executing Court raising challenge to

                       executability of the decree.

                       3.        The Writ Petition is disposed of as withdrawn with liberty to the

                       petitioner to avail the remedy as is permissible in law.




                                                                     ( SHAILESH P. BRAHME, J. )




                       Uday S. Jagtap                      1 of 1


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