Bombay High Court

SUSHILA ASHRU HINGEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court granted liberty to the petitioners to file fresh applications in the execution proceedings.

Summary

The petitioners, Ramesh Uttam Hinge and others, filed writ petitions seeking liberty to file fresh applications in two execution proceedings that had been stayed because a first appeal by the State Government was pending. The State Government’s first appeal was subsequently dismissed. The petitioners argued that, with the appeal dismissed, they should be allowed to proceed with fresh applications. The Court examined whether the dismissal of the first appeal removed the bar on proceeding with execution. Finding no legal impediment, the Court granted the petitioners liberty to file fresh applications in the execution matters. Consequently, the petitions were disposed of with liberty as prayed.

Issues considered

Whether the petitioners are entitled to liberty to file fresh applications in execution proceedings after the dismissal of the State Government’s first appeal.

Subjects

execution proceedings
writ petition
first appeal
liberty to file fresh application
dismissal of appeal

Judgment

2026:BHC-AUG:8887
                                              1 of 2                  928-WP.4529.2018




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              928 WRIT PETITION NO. 4529 OF 2018

                               RAMESH UTTAM HINGE AND OTHERS
                                              VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                 ...
               Mr. Dattatraya R. Jayabhar, Advocate for the Petitioner.
               Mr. A. D. Wange, AGP for Respondent-State.
                                                 ...

                                            WITH
                                WRIT PETITION NO. 7203 OF 2018

                                      SUSHILA ASHRU HINGE
                                              VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                 …
               Mr. Dattatraya R. Jayabhar, Advocate for the Petitioner.
               Mr. A. D. Wange, AGP for Respondent-State.
                                                 ...

                                       CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                       DATE    :       27th FEBRUARY, 2026

               P.C.:-

               1.        Mr. Dattatraya R. Jayabhar, learned Advocate for the

               Petitioner submits that the executions of both the Petitioners, i.e.,

               Special Darkhast No.139 of 2012 and Regular Darkhast No.611 of

               2012, were disposed of by the learned Executing Court on the ground

               that the First Appeal filed by the State Government was pending before

               this Court.


               2.        He further submits that the said First Appeal filed by the
                                           2 of 2                 928-WP.4529.2018




          State Government has now been dismissed. Therefore, liberty be

          granted to the Petitioner to file fresh applications in both the execution

          proceedings.


          3.        In view thereof, the present petitions are disposed of with

          liberty as prayed.

                                             (SIDDHESHWAR S. THOMBRE, J.)

Tauseef

Continue reading with your account

Checking your session…