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2026 DAILYLAW 11591 (BOM)

SANYOGITA RAJARAM WALWEKAR AND ORS v. SHALAN SRIDHAR @ MOHAN DEVANGSWAMI AND ORS

WP/1458/2026 · 2026-09-23

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Judgment text

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21-WP-1458-2026=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1458 OF 2026 Sanyogita Rajaram Walwekar and Ors. … Petitioners Vs. Shalan Sridhar @ Mohan Devangswami and Ors. … Respondents …………. Mr. Akshay A. Kulkarni a/w Avesh A. Ghadge for the Petitioners None for the Respondents …………. CORAM : SHAILESH P. BRAHME, J. DATE : 23rd SEPTEMBER, 2026. P. C. : . Heard. 2. The petitioners are assailing the order dated 12.07.2024 passed below Exh.54 in Regular Darkhast No. 103 of 2013. The petitioners are the judgment debtors, who suffered decree passed on 22.02.2007 in R.C.S. No. 357 of 2001 which is sought to be executed in Regular Darkhast No. 103 of 2013. In pursuance of the decree, application Exh.54 was filed by respondents decree – holders seeking fixation of market price. It is allowed by the impugned order. 3. As the judgment and decree dated 22.02.2007 is final and binding upon the parties, it has to be executed. As per the decree, the prevailing market rate on the date of its passing, needs to be ascertained and Uday S. Jagtap 1 of 2 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.09.28 10:07:41 +0530 21-WP-1458-2026=.doc accordingly report is called for from the Registrar. I do not find any illegality or perversity in the impugned order. No case is made out to cause interference. However, learned counsel for the petitioners would submit that his submissions regarding price as per the prevailing market rate could be permitted to be advanced before the executing Court. 4. The Writ Petition is dismissed. 5. It would be open for the petitioners to raise grievance or to place on record the prevailing market rate, as is permissible in law. 6. Needless to mention that the decree shall be executed as per the minutes recorded on 22.02.2007. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of 2