Bombay High Court

SAYYED ANWAR ABBASversusJAMSHEDSHABBIR SHAIKH AND ANOTHER

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioner filed a writ petition under Article 226 seeking relief from an execution petition filed under Order XXI Rule 97 of the Code of Civil Procedure, which had been rejected by the executing court. The High Court stayed the execution proceedings on 23 March 2022, but the writ petition was not listed for a long period. The petitioner failed to appear on multiple dates, including 2 September 2026, 23 September 2026, and the date of the hearing. The Court inferred that the petitioner was not interested in prosecuting the writ petition and dismissed it for want of prosecution. The Court directed the executing court to complete the execution of the decree dated 6 December 2000 before 31 December 2026.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and prosecute a writ petition?

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXI Rule 97

Subjects

writ petition
execution petition
Code of Civil Procedure
Order XXI Rule 97
decree execution
want of prosecution
dismissal

Judgment

2026:BHC-AUG:45910




                                             1                            03 wp 3735.22

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              WRIT PETITION NO. 3735 OF 2022

                        Sayyed Anwar Abbas                        ..   Petitioner

                             Versus

                        Jamshed Shabbir Shaikh and another        ..   Respondents

                 Shri P. S. Pawar, Advocate for the Petitioner – absent.
                 Shri S. S. Bora, Advocate for the Respondent Nos. 1 and 2 –
                 absent.

                                    CORAM : ROHIT W. JOSHI, J.
                                     DATE : 30TH SEPTEMBER, 2026.

                 ORDER :


                 .      The present petition arising out of proceedings of
                 application filed U/O XXI Rule 97 of the Code of Civil Procedure
                 by the petitioner, which came to be rejected by the learned
                 Executing Court.


                 2.     While issuing notice vide order dated 23.03.2022 further
                 proceedings in execution petition were stayed by this Court. The
                 petition was not listed for very long time thereafter.


                 3.     On 02nd September, 2026, none had appeared for the
                 petitioner. Similarly on 23rd September, 2026 there was no
                 appearance on behalf of the petitioner. Today also there is no
                 appearance on behalf of the petitioner.
                            2                         03 wp 3735.22



4.    It appears that the petitioner is not interested to prosecute
the present writ petition.       The writ petition is therefore
dismissed for want of prosecution.


5.    The execution petition in question filed in order to execute
a decree dated 06.12.2000.       The learned Executing Court is
therefore, requested to take immediate steps for execution of the
decree and make an endeavour to complete the execution
proceedings before 31.12.2026.

                                     [ROHIT W. JOSHI, J.]


bsb/Sept. 26

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