Bombay High Court
LILADHAR MANIKRAO DUPHAREversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is not maintainable; the petitioner must avail the statutory remedy for execution of the order.
Summary
The petitioner, Liladhar Manikrao Duphare, filed a writ petition seeking the High Court to execute an order dated 6 January 2025 passed by the 6th Joint Civil Judge Junior Division and JMFC, Belapur. The issue before the Court was whether a writ petition is the appropriate remedy for enforcing that lower court order. The Court held that the petitioner is free to pursue the statutory remedy available for execution of the order, and that a writ petition is not the correct avenue for such enforcement. Consequently, the Court declined to intervene and disposed of the writ petition. The decision underscores that execution of decrees must be sought through the prescribed statutory process rather than through writ jurisdiction.
Issues considered
- Whether a writ petition under the High Court's writ jurisdiction is maintainable for the execution of a lower court's order
Subjects
- writ jurisdiction
- execution of decree
- statutory remedy
- civil procedure
Judgment
8-WP-88-2026-(CRI).odt
SUNNY
Digitally signed
by SUNNY
ANKUSHRAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANKUSHRAO THOTE
THOTE Date:
2026.06.20
10:51:10 +0530 CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 88 OF 2026
Liladhar Manikrao Duphare ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
Adv. Mainak Adhikary i/by Mr. Mangesh Wakse for the Petitioner.
Ms. Pallavi Dabholkar, APP for the Respondent – State.
CORAM : RAVINDRA V. GHUGE, ACJ.
&
GAUTAM A. ANKHAD, J.
DATE : 17th JUNE, 2026
P.C. :-
1. The Petitioner expects this Court to execute the order
passed by the learned 6th Joint Civil Judge Junior Division and
JMFC, Belapur dated 6th January, 2025 in OMA No.1598 of 2024,
under the Writ Jurisdiction of this Court.
2. The Petitioner is at liberty to avail of a statutory remedy
for seeking execution of the said order. By keeping the liberty
available to the Petitioner, this Writ Petition is disposed off.
(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)
SUNNY THOTE 1 of 1
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