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
Dilwale 2 21-WP-1580-16.odt
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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