55-WP-781-2026 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 781 OF 2026 Dhananjay Shamrao Patil ...Petitioner Versus Suvarna Dhananjay Patil And Others ...Respondents ….. Adv. Nikhil N. Pawar (through V.C.), Advocate for Petitioner. ….. CORAM : SHAILESH P. BRAHME, J. DATE : 18th AUGUST, 2026. P.C. : Heard Mr. Nikhil N. Pawar, learned counsel appearing for the Petitioner. 2. The petition is directed against the order dated 17.12.2025 passed below Exhibit – 42 in Special Darkhast No.27 of 2023. 3. The learned counsel for the petitioner submits that the respondent/decree holder had filed successive execution proceedings but had not taken any of them to logical end. It is impermissible to file the execution proceedings once earlier proceedings are dismissed. It is submitted that the impugned order is vulnerable and interference is required. It is further submitted that the trial Judge has committed error ZIP 1 of 2 55-WP-781-2026 (C).doc of jurisdiction. 4. The petitioner is the original defendant No.1 who suffered decree in Special Civil Suit No.2 of 2003. Being aggrieved, Regular Civil Appeal No.52 of 2006 was preferred which was allowed partly on 06.11.2014. The decree modified by the Appellate Court is sought to be executed by Special Darkhast No.27 of 2023. 5. On earlier occasion, attempts to execute the decree were made, but those proceedings were not taken to the logical end for some reason or other. The decree passed by the Appellate Court is remained unexecuted. The execution proceedings is preferred within limitation and therefore, the objections of the petitioners unformed and liable to be thrown out. 6. The Executing Court has taken a plausible and reasonable view. I do not find any error or jurisdiction or illegality in the impugned order. The writ petition is dismissed. [ SHAILESH P. BRAHME, J.] ZIP 2 of 2