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Bombay High Court

RAMESH SITARAM SONI AND ANRversusSHANTIDEVI SHYAMLAL YADAV AND ANR

Decided
Disposal
Disposed Off

Holding

An executing court cannot go behind a final decree to entertain applications that seek to reopen issues already decided, and the petition is dismissed.

Summary

The petitioners sought a stay of execution of a decree in Special Civil Suit No. 521 of 2014, arguing that the trial court had not decided certain issues raised by the judgment debtors, specifically the nature of possession and the defence of ownership. The Civil Judge, Belapur, rejected the application, holding that an executing court cannot revisit matters already decided in the decree. The petitioners appealed, contending that the unresolved issues warranted a stay. The High Court affirmed that the decree had attained finality up to the Supreme Court and that allowing the execution court to re‑examine those issues would exceed its jurisdiction. Consequently, the Court dismissed the petition, finding no justification to entertain it under its supervisory jurisdiction.

Issues considered

  • Whether an executing court can stay execution of a decree on the ground that certain issues were not decided by the trial court
  • Whether a decree that has attained finality up to the Supreme Court can be reopened by the executing court

Subjects

  • execution of decree
  • finality of decree
  • civil procedure
  • stay of execution
  • supervisory jurisdiction

Judgment

         Digitally
         signed by
         MEERA
MEERA    MAHESH
MAHESH   JADHAV
JADHAV   Date:
                                                                                 42-WP-9950-26.DOC
         2026.08.21
         14:48:44
         +0530




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO. 9950 OF 2026

                      Ramesh Sitaram Soni And Anr                             ...Petitioners

                              Versus

                      Shantidevi Shyamlal Yadav And Anr                       ...Respondents

                                                         ----------
                      Mr. Prashant Patil for Petitioners.
                                                        -----------

                                                           CORAM:       N. J. JAMADAR, J.
                                                           DATE :       18th AUGUST 2026


                      P.C.:

                      1.      Heard the Learned Counsel for the Petitioners.

                      2.      The challenge in this petition is to an order dated 16 th July 2026

                      passed by the Learned Civil Judge, Belapur, whereby the application

                      preferred by the Petitioners /original Defendant Nos.1 and 2/Judgment

                      Debtors Nos.1 and 2 seeking stay to the execution of the decree on the

                      ground that the issues raised by the Judgment Debtors were not decided

                      by the Trial Court.

                      3.      In the impugned order, the Learned Civil Judge has encapsulated

                      the issues raised by the Judgment Debtors as under:

                                     “a) failure of the trial court to determine the nature of
                                     possession and relationship between the parties; and


                      Meera Jadhav                               1/2
                                                            42-WP-9950-26.DOC

               b) failure to adjudicate the defence of ownership raised by
               judgment debtor nos.1 and 2.”

4.     The Learned Civil Judge, was persuaded to reject the application

opining that the Executing Court cannot go behind the decree and allow

the Judgment Debtors to reopen the issues which stood determined.

5.     Incontrovertibly, the decree passed in Special Civil Suit No.521 of

2014 has attained finality upto the Supreme Court. The aforesaid

questions raised by the Judgment Debtors clearly pertain to the matters

that would necessitate the Executing Court to go behind the decree. The

Learned Civil Judge thus rightly declined to embark upon an inquiry

into those matters as they were beyond the remit of Executing Court.

Hence, in exercise of its supervisory jurisdiction, this Court does not

find any justifiable reason to entertain this Petition.

6.     Petition stands dismissed.



                                                   [N. J. JAMADAR, J.]




Meera Jadhav                                2/2


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