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Bombay High Court

AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusAPPA GANPAT RATHOD AND OTHERS

Disposal
DISPOSED OFF

Holding

The execution petition was correctly dismissed because the decree holder failed to comply with the court’s direction to be present for the execution of the Jangam warrant.

Summary

Agasti Sarva Seva Sangh Akole, through its manager, filed a writ petition challenging the order of the Civil Judge, Junior Division, Chalisgaon, which rejected its application for a Jangam warrant against Appa Ganpat Rathod (Judgment Debtor No.1) and dismissed the execution proceedings. The lower court had directed the decree holder to be present at the spot during execution, but the decree holder failed to comply with this direction. The High Court examined the record and found that the non‑appearance justified the dismissal of the execution petition. Consequently, the Court saw no ground to interfere with the lower court’s order under Article 227 of the Constitution. The petition was therefore dismissed without any order as to costs.

Issues considered

  • Whether the execution court erred in dismissing the execution petition for failure of the decree holder to comply with the direction to be present at the time of execution of a Jangam warrant.

Subjects

  • execution
  • Jangam warrant
  • decree holder
  • non‑compliance
  • Civil Procedure
  • Article 227

Judgment

2026:BHC-AUG:12320
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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   20 WRIT PETITION NO. 1577 OF 2016

                       Agasti Sarva Seva Sangh Akole Through Its Manager
                                               VERSUS
                                  Appa Ganpat 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-27 and Exhibit-1 in Regular Darkhast

             No.15 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
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rightly dismissed the execution petition and I do not find any reason to

interfere with the order dated 07.11.2015 passed below Exhibit-27 and

Exhibit-1 in Regular Darkhast No.15 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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