Bombay High Court
AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusISHWAR DADA NIKAM AND ANOTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court upheld the lower court’s dismissal of the execution petition because the decree holder did not comply with the direction to be present.
Summary
The petitioner, Agasti Sarva Seva Sangh Akole, filed a writ petition challenging a lower court order that rejected its application for a Jangam warrant against the respondent and dismissed the execution proceedings. The lower court had directed the decree holder to be present at the execution site, but the decree holder failed to appear. The High Court examined the record and found that the decree holder’s non‑compliance justified the dismissal of the execution petition. Consequently, the High Court held that there was 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
- What is the appropriate remedy when a decree holder fails to comply with a court direction to be present for the execution of a Jangam warrant?
Subjects
- execution
- Jangam warrant
- decree holder
- non‑compliance
- Article 227
- High Court jurisdiction
Judgment
2026:BHC-AUG:12328
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
22 WRIT PETITION NO. 1588 OF 2016
Agasti Sarva Seva Sangh Akole Through Its Manager
VERSUS
Ishwar Dada Nikam And Another
...
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.23 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 22-wp-1588-16.odt
rightly dismissed the execution petition and I do not find any reason to
interfere with the order dated 28.09.2015 passed below Exhibit-1 in
Regular Darkhast No.23 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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