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- Disposed off as Withdrawn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The petition is disposed of as withdrawn, allowing the petitioners to seek remedy in the executing court.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 Consequently, the court disposed of the writ petition as withdrawn, granting the petitioners liberty to pursue the appropriate remedy in the executing court.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 The Writ Petition is disposed of as withdrawn with liberty to the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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