Bombay High Court

AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusMADANSING UDA RATHOD AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The execution petition was correctly dismissed because the decree holder did not comply with the court’s direction to be present at the time of execution.

Summary

The petitioner, Agasti Sarva Seva Sangh, challenged a order dated 28 September 2015 in which the Civil Judge, Junior Division, Chalisgaon dismissed its application for a Jangam warrant and the execution proceedings against the judgment debtor. The lower court had directed the decree holder to be present at the execution site, but the petitioner failed to comply with that direction. The High Court examined the record and found that the decree holder’s non‑appearance justified the dismissal of the execution petition. The Court held that there was no ground to interfere with the lower court’s order under Article 227 of the Constitution. Consequently, the writ petition was dismissed without any order as to costs.

Issues considered

What is the appropriate judicial response when a decree holder fails to comply with a court’s direction to be present for the execution of a Jangam warrant?

Subjects

execution of decree
Jangam warrant
Article 227
Civil Procedure Code
non‑compliance
writ petition

Judgment

Dilwale                                       1                17-WP-1549-16.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                     17 WRIT PETITION NO. 1549 OF 2016

          Agasti Sarva Seva Sangh Akole Through Its Manager
                                  VERSUS
                   Madansing Uda Rathod And Others
                                     ...
Advocate for the Petitioner : Mr. A. R. Joshi & Mr. V. P. Golewar
                                     ...

                         CORAM         : SIDDHESHWAR S. THOMBRE, J.
                         DATE          : 18.03.2026

PER COURT :
1.        Heard learned Advocate for the Petitioner.

2.        By the present petition, the Petitioner assails the order dated

28.09.2015 passed below Exhibit-1 in Regular Darkhast No.13 of 2007 by

the learned Civil Judge, Junior Division, Chalisgaon, whereby the

application for issuance of Jangam warrant against Respondent No.1–

Judgment Debtor No.1 came to be rejected and the execution

proceedings were dismissed without there being any satisfaction of the

decree in favour of the Petitioner.

3.        I have perused the order passed by the learned Executing Court.

The record reveals that specific directions were issued to the decree

holder to remain present at the spot at the time of execution of the

Jangam warrant. Despite such directions, the decree holder failed to

comply. Therefore, I am of the view that, the learned Executing Court has
Dilwale                                        2                   17-WP-1549-16.odt


rightly dismissed the execution petition and I do not find any reason to

interfere with the order dated 28.09.2015 passed below Exhibit-1 in

Regular Darkhast No.20 of 2007 by the learned Civil Judge, Junior

Division, Chalisgaon under Article 227 of the Constitution of India.

4.        In view thereof, the petition is dismissed. No order as to costs.


                                             [ SIDDHESHWAR S. THOMBRE ]
                                                       JUDGE

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