Bombay High Court

RAMJI DATTAJI PATILversusSTATE OF MAHARASHTRA THR. SECRETARY REVENUE DEPT. AND ORS.

Disposal: Disposed Off

Holding

The High Court held that it cannot entertain the writ petition and disposed of it, directing the petitioner to use the appropriate civil remedy.

Summary

The petitioner sought a writ for execution of a civil decree dated 24 July 2013, alleging that the execution application filed before the civil court was directed to be presented to the Tahsildar, who had failed to act. The High Court held that the petition was misconceived and that writ jurisdiction could not be invoked to compel execution when an alternative remedy under the civil procedure exists. Consequently, the Court declined to entertain the writ petition. It directed the petitioner to pursue the appropriate remedy in accordance with law. The petition was therefore disposed of.

Issues considered

Whether the High Court can entertain a writ petition for execution of a civil decree when the execution process is pending before the Tahsildar.
Whether the petitioner has an alternative remedy under civil procedure that precludes the use of writ jurisdiction.

Subjects

writ jurisdiction
execution of decree
civil procedure
Tahsildar
alternative remedy

Judgment

2026:BHC-KOL:9674-DB

43-WP-3033-2026(C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3033 OF 2026

Ramji Dattaji Patil ...Petitioner
Versus
The State of Maharashtra and Others ...Respondents

——————
Ms. Bhagyashri Mangale, through legal – aid for the Petitioner.
Mr. P. P. Kakade, Addl. G.P. a/w Ms. Tejas J. Kapre, AGP for the Respondent-
State.
——————
CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
DATE : OCTOBER 07, 2026.
P. C. :

1. The present Petition is clearly misconceived. The Petition, in

effect, seeks execution of the decree dated 24 th July, 2013, passed by

the Civil Court.

2. The contention is that the execution application was filed, and the

Executing Court had directed that the application be filed before the

Tahsildar, and though application is filed, Tahsildar is not taking any

action. In the event, there is non-compliance of the order of the Court,

the Petitioner has an alternate remedy. In exercise of writ jurisdiction, it

is not possible for this Court to entertain the present Petition.

Jamadar - SL 1 of 2
43-WP-3033-2026(C).doc

3. The Petition is disposed of, with liberty to the Petitioner to adopt

the appropriate remedy in accordance with law.

[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]

Jamadar - SL 2 of 2

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