Bombay High Court
AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusSADASHIV BHAVSING RATHOD AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The execution petition was correctly dismissed because the decree holder failed to comply with the direction to be present at the time of execution.
Summary
The petitioner, Agasti Sarva Seva Sangh Akole, challenged the order of the Civil Judge, Junior Division, Chalisgaon, which rejected its application for a Jangam warrant and dismissed execution proceedings against the respondent. The lower court had directed the decree holder to be present at the execution site, but the decree holder failed to comply. The High Court examined whether the dismissal was proper in view of this non‑compliance. It held that the execution petition was rightly dismissed because the decree holder did not obey the specific direction to be present. Consequently, the petition under Article 227 was dismissed with no order as to costs.
Issues considered
- Whether the execution petition should be dismissed for the decree holder's failure to be present as directed
- Whether the High Court should interfere with the lower court's order under Article 227
Subjects
- execution
- Jangam warrant
- decree holder
- non‑compliance
- Article 227
- High Court review
Judgment
2026:BHC-AUG:12318
Dilwale 1 19-WP-1551-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
19 WRIT PETITION NO. 1551 OF 2016
Agasti Sarva Seva Sangh Akole Through Its Manager
VERSUS
Sadashiv Bhavsing 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
07.11.2015 passed below Exhibit-23 and Exhibit-1 in Regular Darkhast
No.14 of 2007 by the learned Civil Judge, Junior Division, Chalisgaon,
whereby the application for issuance of Jangam warrant against
Respondent No.2–Judgment Debtor No.2 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 19-WP-1551-16.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-23 and
Exhibit-1 in Regular Darkhast No.14 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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