Disposed

Padmashekhar S/O Sukhlal Shah v. State of Maharashtra, Thr. the Collector, Akola

Bombay HC23 Aug 2024WP/1092/2024

Case brief

AI extract

What is this about?

Petitioner challenged rejection of his application to restore execution proceedings dismissed for want of prosecution. Holding that costs could have been imposed instead of outright rejection, the High Court quashed the impugned order and restored the execution proceedings to the Executing Court's file.

What did the court decide?

Impugned order quashed and set aside; execution proceedings (Special Darkhast No. 56 of 2012) restored to the file of the Executing Court; petition disposed of.

Padmashekhar S/O Sukhlal Shah Vs State of… — Execution and Attachment | Bombay HC (2024)

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2024:BHC-NAG:10426

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934-wp-1092-24(j).odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Writ Petition (WP) No. 1092 of 2024

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Padmashekhar S/o Sukhlal Shah

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Versus

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State of Maharashtra through the Collector, Akola and another

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Shri C.A.Joshi, Advocate for the petitioner. Shri H.D.Dubey, AGP for the respondent/State. Shri M.S.Sharma, Advocate for the respondent no.2.

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CORAM : N.R.BORKAR, J. DATED : 23^rd AUGUST, 2024.

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This petition takes exception to the order dated 21^st October, 2023 passed by the learned 4^th Joint Civil Judge, Senior Division, Akola, in MJC No. 2089 of 2022.

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By the order impugned the learned Executing Court has rejected the application filed by the petitioner for restoration of the execution proceedings filed by him, as the same were dismissed for want of prosecution.

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SKNair

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2 934-wp-1092-24(j).odt

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I have heard the learned counsel for the petitioner and the learned counsel for the contesting respondent and perused the impugned order.

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The learned counsel for the petitioner submits that the application for restoration was made under sub-Rule (1) of Rule 106 of the Order XXI of the Code of Civil Procedure. However, inadvertently wrong provision was mentioned in the application. It is submitted that if there was some negligence on the part of the petitioner to prosecute the execution proceedings, then instead of rejecting the application, the learned Executing Court could have imposed some costs.

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On the other hand, the learned counsel for the respondent submits that the learned Executing Court has rightly rejected the application.

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There is substance in the submission of the learned counsel for the petitioner that if there was some negligence on the part of the petitioner to prosecute the execution proceedings, instead of rejecting the application for restoration, the learned Executing Court could have imposed the costs as there is always an element of negligence when the matters are dismissed for want of prosecution. The orders impugned are therefore, hereby quashed and set aside. The execution proceedings being Special Darkhast No. 56 of 2012 are

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SKNair

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934-wp-1092-24(j).odt

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restored on the file of learned Executing Court. The petition is disposed of.

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[N.R.BORKAR, J.]

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SKNair

Padmashekhar S/O Sukhlal Shah v. State of Maharashtra, Thr. the Collector, Akola

Case brief

What is this about?

What did the court decide?

Padmashekhar S/O Sukhlal Shah v. State of Maharashtra, Thr. the Collector, Akola

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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