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Bombay High Court

AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGERversusGOTIRAM MAHARU RATHOD AND OTHERS

Disposal
DISPOSED OFF

Holding

The execution petition was dismissed because the decree holder did not comply with the direction to be present at the time of execution.

Summary

The petitioner, Agasti Sarva Seva Sangh Akole, challenged the order of the Civil Judge, Junior Division, Chalisgaon, which rejected its application for a Jangam warrant against the judgment debtor 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 with this direction. The High Court examined the record and found that the non‑appearance of the decree holder justified the dismissal of the execution petition. Consequently, the 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

  • Whether the execution petition should be dismissed for the decree holder's failure to be present as directed
  • Whether the High Court should interfere with the lower court’s order under Article 227

Subjects

  • execution
  • Jangam warrant
  • decree holder
  • Article 227
  • Civil Procedure Code
  • judgment debtor
  • dismissal

Judgment

2026:BHC-AUG:12330
             Dilwale                                      1                 24-WP-1596-16.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  24 WRIT PETITION NO. 1596 OF 2016

                       Agasti Sarva Seva Sangh Akole Through Its Manager
                                               VERSUS
                               Gotiram Maharu 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-31 in Regular Darkhast No.17 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-31 in

Regular Darkhast No.17 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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