Bombay High Court

SHRIPAL GANGAPPA CHOUGALEversusPADMANNA DEVEDNDRA UPADHYE DECEASED THR. LRS. KANCHANMALA PADMANNA UPADHYE AND ORS.

Disposal: Disposed Off

Holding

The writ petition is dismissed as the matter is already sub judice in the execution proceedings under Order XXI of the CPC.

Summary

The petitioner, Shripal Gangappa Chougale, filed a writ petition in the Bombay High Court seeking relief. The petitioner had already initiated execution proceedings before the appropriate court under Order XXI Rules 97 and 99 of the Code of Civil Procedure and intended to pursue those proceedings. The Court observed that the filing of the execution application constituted a supervening event, rendering the writ petition unnecessary. Consequently, the Court declined to entertain the writ petition further. The petition was disposed of, with a direction that the execution application be decided on its own merits and any interim relief sought therein be considered accordingly.

Issues considered

Whether a writ petition should be entertained when the petitioner has already commenced execution proceedings under Order XXI of the CPC.

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXI Rule 97, Order XXI Rule 99

Subjects

writ petition
execution proceedings
Order XXI
CPC
supervening event
jurisdiction

Judgment

                                                     36-WP-4496-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 4496 OF 2026

Shripal Gangappa Chougale                                          ...Petitioner
      Versus
Padmanna Devedndra Upadhye Deceased Thr. Lrs.
Kanchanmala Padmanna Upadhye And Ors.                          ...Respondents

                                 …..
Adv. Manoj A. Patil a/w Adv. Ankita D. Mali i/b Adv. Shubham R.
Dhenge, Advocate for Petitioner.
                                 …..


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 06th OCTOBER, 2026.

P.C. :

           Though the matter is in await service category, learned counsel,

Mr. Manoj Patil appearing for the petitioner informs this Court that his

client has already filed proceedings under Order XXI Rule 97 / 99 of

Code of Civil Procedure before the Executing Court and wants to

prosecute the same.

2.         In view of the supervening event, there is no need to entertain

the writ petition any further.

3.         The writ petition is disposed of with a direction that the

application filed under Order XXI Rule 97 / 99 of CPC shall be dealt




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                                                      36-WP-4496-2026 (C).doc




with on its own merits and/or, if any application for interim protection

is filed, that also be dealt with accordingly.



                                                 [ SHAILESH P. BRAHME, J.]




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