Sushma Sukumar Samanta vs Jayabala Wd/O Ashok Suryakant Zaveri Lh of Ashok Suryakant (Since Deceased) — Bombay HC (2026) — LawSathi Research

Sushma Sukumar Samanta vs Jayabala Wd/O Ashok Suryakant Zaveri Lh of Ashok Suryakant (Since Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Appeal against the learned Single Judge's order dated 24 January 2024 dismissing Execution Application Nos.602 of 2022 and 603 of 2022 had any merit.

Court's answer

This Court, having perused the orders of G. S. Patel, J. (dated 16 April 2018, 6 June 2018 and 14 August 2018), found that G. S. Patel, J. was fully justified in holding what he did.

Ratio / Principle

The learned Single Judge was fully justified in dismissing Execution Application Nos.602 of 2022 and 603 of 2022, which were filed after the 14 August 2018 order of G. S. Patel, J. and without obtaining leave.

Key takeaways

The above Appeal had no merit and was accordingly dismissed, with no order as to costs.ratio¶5

Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Division Bench of B. P. Colabawalla and Firdosh P. Pooniwalla, JJ. (order dated 9 January 2026), dismissed Appeal No. 118 of 2024 challenging the learned Single Judge's order dated 24 January 2024 dismissing Execution Application Nos. 602 and 603 of 2022. The Bench perused and endorsed the orders of G. S. Patel, J. dated 16 April 2018, 6 June 2018 and 14 August 2018, by which the Decree Holder and Sukumar Samanta were directed not to directly approach any Department, Section or Officer of the Court or any other Court in Mumbai regarding the subject decree without specific leave of the Judge taking Chamber work, no application was to be filed without intimation and the Registry was barred from accepting such applications; the order was circulated to the Registrar General, the Prothonotary and Senior Master and every Section Head, and a final warning was issued to Sukumar Samanta (who appeared in-person) not to revive or renew any Execution Application, any attempt beyond the decreed properties being liable to summary dismissal with punitive costs. Since the two execution applications were filed after the 14 August 2018 order and without leave, the Single Judge was held fully justified in dismissing them; the appeal was found devoid of merit and dismissed with no order as to costs, and Interim Application No. 2204 of 2024 stood disposed of as nothing survived.

2026:BHC-OS:598-DB

19.APP.118.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO. 118 OF 2024 IN EXECUTION APPLICATION NO.602 OF 2022 WITH INTERIM APPLICATION NO.2204 OF 2024 IN APPEAL NO.118 OF 2024

Sushma Sukumar Samanta .. Appellant

Versus

Ashok Suryakant (since deceased) Jayabala wd/o. Ashok Suyakant Zaveri and Ors.

.. Respondents

Mr. Ditendra Mishra , Advocate for the Appellant.

CORAM: B. P. COLABAWALLA &

FIRDOSH P. POONIWALLA, JJ.

DATE: JANUARY 9, 2026

P. C.

The above Appeal is filed against the order dated 24^th January 2024 passed by a Learned Single Judge of this Court in Execution Application No.602 of 2022 with Execution Application No.603 of 2022.

By the impugned order, both the above Execution Applications have been dismissed. The learned Single Judge noted the order dated 14^th

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19.APP.118.24.doc

August 2018 passed by another learned Single Judge (G. S. Patel, J.) wherein G. S. Patel, J. had directed the Decree Holder and Sukumar Samanta not to directly approach any Department, Section or Officer of this Court or any other Court in Mumbai with regard to the subject Decree under any circumstances without specific leave of the Judge taking Chamber work. Further no application of any kind was to be filed without such intimation and the Registry was not to accept any such application.

This order of G. S. Patel, J. was also forwarded to the Registrar General and the Prothonotary and Senior Master with a request to circulate the copies of the said order to the Section Head of every department of this Court. A final warning was also issued by this Court in the said order to Sukumar Samanta who appeared in-person not to revive or renew any Execution Application. The learned G. S. Patel, J. after issuing this final warning made it clear that any attempt to revive or renew any Execution Application in this manner, beyond the properties decreed, will be summarily dismissed and visited with punitive costs. The reason why G. S. Patel, J. was constrained to pass these directions are more particularly recorded in the orders dated 16^th April 2018, 6^th June 2018 and finally 14^th August 2018.

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19.APP.118.24.doc

We have perused those orders and find that G. S. Patel, J. was fully justified in holding what he did. Following the orders passed by G. S. Patel, J., the learned Single Judge, by his order dated 24^th January 2024, and which is assailed in the present Appeal, dismissed Execution Application Nos.602 of 2022 and 603 of 2022 because they were filed after the passing of the order dated 14^th August 2018 by G. S. Patel J., and without obtaining any leave.

We find that the learned Single Judge was fully justified in dismissing the above two Execution Applications. We, therefore, find no merit in the above Appeal. It is accordingly dismissed. No order as to costs.

In view of the dismissal of the above Appeal, nothing survives in the above Interim Application and the same is disposed of accordingly.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

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JANUARY 9, 2026

Aswale

Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 12/01/2026 11:20:52