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Bombay High Court

AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusROHIDAS MOTIRAM RATHOD AND ANOTHERS

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 at the time of execution.

Summary

Agasti Sarva Seva Sangh (Akole) filed a writ petition challenging the order of the Civil Judge, Junior Division, Chalisgaon dated 28 September 2015, which dismissed its application for a Jangam warrant and execution proceedings against the respondents. The lower court had directed the decree holder to be present at the execution site, but the petitioner failed to comply with this direction. The High Court examined whether the execution court erred in dismissing the petition for non‑compliance. The Court held that the execution court acted correctly in dismissing the execution petition as the decree holder did not obey the specific directions. Consequently, the writ petition was dismissed without any order as to costs.

Issues considered

  • Whether the execution court erred in dismissing the execution petition for the decree holder's failure to be present as directed
  • Whether the High Court can interfere with the execution court's order under Article 227 of the Constitution

Subjects

  • execution
  • Jangam warrant
  • decree holder
  • Article 227
  • High Court
  • dismissal

Judgment

2026:BHC-AUG:12322
              Dilwale                                       1               21-WP-1580-16.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD
                                 21 WRIT PETITION NO. 1580 OF 2016

                       Agasti Sarva Seva Sangh Akole Through Its Manager
                                               VERSUS
                              Rohidas Motiram Rathod And Anothers
                                                  ...
             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.22 of 2007 by

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

             application for issuance of Jangam warrant against Respondents–

             Judgment Debtors 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

             rightly dismissed the execution petition and I do not find any reason to
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interfere with the order dated 28.09.2015 passed below             Exhibit-1 in

Regular Darkhast No.22 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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