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2016 DAILYLAW 2362 (BOM)

AGASTI SARVA SEVA SANGH AKOLE THROUGH ITS MANAGER v. ISHWAR DADA NIKAM AND ANOTHERS

WP/1588/2016 · 2026-03-18

Shri Siddheshwar Sundarrao Thombre

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Judgment text

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Dilwale 1 22-wp-1588-16.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 22 WRIT PETITION NO. 1588 OF 2016 Agasti Sarva Seva Sangh Akole Through Its Manager VERSUS Ishwar Dada Nikam And Another ... Advocate for the Petitioner : Mr. A. R. Joshi & Mr. V. P. Golewar ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 18.03.2026 PER COURT : 1. Heard learned Advocate for the Petitioner. 2. By the present petition, the Petitioner assails the order dated 28.09.2015 passed below Exhibit-1 in Regular Darkhast No.23 of 2007 by the learned Civil Judge, Junior Division, Chalisgaon, whereby the application for issuance of Jangam warrant against Respondent No.1– Judgment Debtor No.1 came to be rejected and the execution proceedings were dismissed without there being any satisfaction of the decree in favour of the Petitioner. 3. I have perused the order passed by the learned Executing Court. The record reveals that specific directions were issued to the decree holder to remain present at the spot at the time of execution of the Jangam warrant. Despite such directions, the decree holder failed to comply. Therefore, I am of the view that, the learned Executing Court has 2026:BHC-AUG:12328 Dilwale 2 22-wp-1588-16.odt rightly dismissed the execution petition and I do not find any reason to interfere with the order dated 28.09.2015 passed below Exhibit-1 in Regular Darkhast No.23 of 2007 by the learned Civil Judge, Junior Division, Chalisgaon under Article 227 of the Constitution of India. 4. In view thereof, the petition is dismissed. No order as to costs. [ SIDDHESHWAR S. THOMBRE ] JUDGE