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Bombay High Court

AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusNATHU TULSHIRAM CHAVAN AND OTHERS

Disposal
DISPOSED OFF

Holding

The execution petition was dismissed as the decree holder failed to comply with the direction to be present for the execution of the Jangam warrant.

Summary

The petitioner, Agasti Sarva Seva Sangh, challenged 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 comply. 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 costs.

Issues considered

  • Whether the execution petition should be dismissed for the decree holder's failure to comply with the direction to be present at the time of execution of a Jangam warrant
  • Whether the High Court should interfere with the lower court's order under Article 227 of the Constitution

Subjects

  • Jangam warrant
  • execution proceedings
  • decree holder
  • non‑compliance
  • Article 227
  • High Court
  • dismissal

Judgment

2026:BHC-AUG:12329
              Dilwale                                       1               23-WP-1589-16.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   23 WRIT PETITION NO. 1589 OF 2016

                       Agasti Sarva Seva Sangh Akole Through Its Manager
                                               VERSUS
                               Nathu Tulshiram Chavan 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-31 and Exhibit-1 in Regular Darkhast

             No.21 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                   23-WP-1589-16.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-29 and

Exhibit-1 in Regular Darkhast No.21 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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