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Bombay High Court

SANYOGITA RAJARAM WALWEKAR AND ORSversusSHALAN SRIDHAR @ MOHAN DEVANGSWAMI AND ORS

Disposal
Dismissed

Holding

The order fixing the market price for execution of the decree is lawful and not liable to interference.

Summary

The petitioners, judgment debtors, challenged an order dated 12 July 2024 that fixed a market price for executing a decree dated 22 February 2007 in Regular Darkhast No. 103 of 2013. The decree required the prevailing market rate at the time of its passing to be ascertained and reported by the Registrar. The petitioners argued that the price determination should be allowed to be advanced before the executing court and sought interference with the order. The Court examined whether the order was illegal or perverse and found no such infirmity, noting that the decree was final and binding. Consequently, the Court dismissed the writ petition, indicating that the petitioners may still raise a grievance about the market rate in the appropriate forum, and affirmed that the decree would be executed as recorded on 22 February 2007.

Issues considered

  • Whether the order fixing the market price for execution of the decree is illegal, perverse, or liable to be set aside.
  • Whether the petitioners may raise a grievance regarding the prevailing market rate before the executing court.

Subjects

  • decree execution
  • market price
  • writ petition
  • civil appellate jurisdiction
  • judgment debtor
  • regular darkhast
  • interference with order

Judgment

                                                                                  21-WP-1458-2026=.doc



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

                                              WRIT PETITION NO. 1458 OF 2026
          Digitally
          signed by
          UDAY
                       Sanyogita Rajaram Walwekar and Ors.                      … Petitioners
UDAY      SHIVAJI
SHIVAJI   JAGTAP
                                        Vs.
JAGTAP    Date:
          2026.09.28
          10:07:41
          +0530        Shalan Sridhar @ Mohan Devangswami and Ors.              … Respondents
                                                     ………….
                       Mr. Akshay A. Kulkarni a/w Avesh A. Ghadge for the Petitioners
                       None for the Respondents
                                                     ………….
                                                        CORAM : SHAILESH P. BRAHME, J.

                                                        DATE        : 23rd SEPTEMBER, 2026.
                       P. C. :

                       .         Heard.

                       2.        The petitioners are assailing the order dated 12.07.2024 passed

                       below Exh.54 in Regular Darkhast No. 103 of 2013. The petitioners are

                       the judgment debtors, who suffered decree passed on 22.02.2007 in

                       R.C.S. No. 357 of 2001 which is sought to be executed in Regular

                       Darkhast No. 103 of 2013.         In pursuance of the decree, application

                       Exh.54 was filed by respondents decree – holders seeking fixation of

                       market price. It is allowed by the impugned order.

                       3.        As the judgment and decree dated 22.02.2007 is final and binding

                       upon the parties, it has to be executed. As per the decree, the prevailing

                       market rate on the date of its passing, needs to be ascertained and


                       Uday S. Jagtap                      1 of 2
                                                           21-WP-1458-2026=.doc



accordingly report is called for from the Registrar. I do not find any

illegality or perversity in the impugned order. No case is made out to

cause interference. However, learned counsel for the petitioners would

submit that his submissions regarding price as per the prevailing market

rate could be permitted to be advanced before the executing Court.

4.       The Writ Petition is dismissed.

5.       It would be open for the petitioners to raise grievance or to place

on record the prevailing market rate, as is permissible in law.

6.       Needless to mention that the decree shall be executed as per the

minutes recorded on 22.02.2007.




                                              ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                       2 of 2


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