Bombay High Court

AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusSOMA BAJIRAO AHIRE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The execution petition was correctly dismissed as the decree holder failed to comply with the direction to be present at the time of execution.

Summary

The petitioner, Agasti Sarva Seva Sangh, sought a Jangam warrant against the respondent judgment debtor, but the execution petition was dismissed by the Civil Judge, Junior Division, Chalisgaon. The court had directed the decree holder to be present at the spot during execution, a condition the petitioner failed to fulfill. The petitioner challenged this dismissal before the High Court under Article 227. The High Court examined the record and found no merit in interfering, noting the decree holder's non‑compliance with the specific direction. Consequently, the High Court upheld the lower court’s order and dismissed the writ petition without costs.

Issues considered

Whether the execution petition should be dismissed for the decree holder's failure to comply with the direction to be present at the time of execution of the Jangam warrant.

Subjects

execution
Jangam warrant
decree holder
non‑compliance
Article 227
High Court

Judgment

 Dilwale                                       1               18-wp-1550-16.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      18 WRIT PETITION NO. 1550 OF 2016

          Agasti Sarva Seva Sangh Akole Through Its Manager
                                  VERSUS
                      Soma Bajirao Ahire 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

07.11.2015 passed below Exhibit-24 in Regular Darkhast No.40 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                   18-wp-1550-16.odt


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

interfere with the order dated 07.11.2015 passed below Exhibit-24 in

Regular Darkhast No.40 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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