1 905-WP-6000-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 905 WRIT PETITION NO. 6000 OF 2026 Rabiya Yasin Pathan And Anr VERSUS The State Of Maharashtra Thr District Collector Aurangabad And Anr ... Mr. Ramrao G. Nirmal h/f Mr.Gangakhedkar Shailendra S. for the Petitioner. Mr.Kishor Hoke Patil, AGP for the Respondent/State. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 29.09.2026 PER COURT : 1. The grievance of the Petitioners is that, they are the original plaintiff in R.C.S. No.156 of 2004, wherein they sought relief of partition and separate possession. The suit came to be decreed by the Trial Court, wherein, while passing the decree, also directed that the decree be sent for execution under Section 54 of the Code of Civil Procedure (‘CPC’). 2. It is submitted that after the Judgment of the Trial Court, the Petitioners initiated execution proceeding on 2nd February, 2016. The learned Joint Civil Judge Junior Division, Paithan, has sent the decree for execution under Section 54 of the CPC, for its execution by the Revenue Authority, i.e., Respondent No.1 District Collector, Aurangabad. Although it was sent for execution, the requisite steps under Section 54 of the CPC have not been taken by the Collector, therefore, the decree holders have Sunny Thote 2026:BHC-AUG:45829-DB 2 905-WP-6000-2026.odt once again filed an application for execution, which was disposed off on 16th July, 2024 itself, by holding that, nothing has been left in the execution proceeding, since a copy is already sent for effecting partition. 3. On 24th September, 2025, a communication was addressed to the District Collector, Chh. Sambhajinagar and Tahsildar, Paithan for execution of the decree issued in favour of the Petitioners seeking execution of the decree as per Section 54 of the CPC. According to the Petitioners, Respondent Nos.1 and 2 are not taking steps as contemplated under Section 54 of the CPC, therefore, they have filed the present Writ Petition seeking directions to Respondent Nos.1 and 2, to implement the Judgment and decree in R.C.S. No.156 of 2004, which was decided on 14th January, 2015. 4. In view of the limited prayer made by the Petitioners, Respondent Nos.1 and 2 are directed to take appropriate steps for execution of the decree issued in favour of the Petitioners in R.C.S. No.156 of the 2004 dated 14th January, 2015, within a period of three months from the date of this order. 5. With the aforementioned directions, the Writ Petition stands disposed off. [ MANJUSHA DESHPANDE, J. ] Sunny Thote