Abdul Riyaz Abdul Wahed Deshmukh Dead through His… — Writ and Judicial Review | Bombay HC (2026)

Abdul Riyaz Abdul Wahed Deshmukh Dead through His… — Writ and Judicial Review | Bombay HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the High Court should call the record and proceeding of Regular Darkhast No. 27/1994 pending before the Civil Judge, Senior Division, Sillod, and direct Respondent No. 2/Collector to execute the Executing Court's order dated 11.07.2018 so as to hand over possession to the Petitioners as per the decree in Regular Civil Suit No. 92/1985. +1 more

Court's answer

The execution petition (Regular Darkhast No. 27/1994) has been pending since 1994, and therefore the concerned Court is duty bound to expedite the proceeding.

Ratio / Principle

Hurdles in the execution arose from applications under Order 21 Rule 35 of the Code of Civil Procedure, which were decided, followed by a further application on 05.12.2023 for the District Collector's report and a warrant.

Key takeaways

The status quo order dated 06.05.2025 passed by this Court in Writ Petition No. 5837/2025 has created a technical hitch in the mind of the learned Trial Court.ratio¶16
In view of that status quo order, the Respondents cannot be asked to proceed with the matter before the Trial Court.ratio¶16
When the Darkhast is already pending and the Petitioners themselves have filed another writ petition, they cannot have backdoor entry by seeking relief under Article 226 of the Constitution of India.ratio

Detailed headnote1 paragraphs

High Court of Judicature of Bombay, Aurangabad Bench (Smt Vibha Kankanwadi & Ajit B. Kadethankar, JJ., per court; 05.05.2026) dismissed Writ Petition No. 4964 of 2026 filed by Abdul Riyaz Abdul Wahed Deshmukh (deceased) through LRs & others v. Gausabi Raheman Alias Bademiya Deshmukh & others. The petition sought calling of the record and proceeding of Regular Darkhast No. 27/1994 (pending since 1994 before the Civil Judge, Senior Division, Sillod) and direction to Respondent No. 2/Collector to execute the Executing Court's order dated 11.07.2018 for handover of possession per the decree in Regular Civil Suit No. 92/1985. The Court held that although the long-pending execution petition ought to be expedited, hurdles existed in the form of decided applications under Order 21 Rule 35 of the Code of Civil Procedure and a further application of 05.12.2023; the order dated 07.01.2025 below Exhibit 297 rejecting the application for cancellation/setting aside of compromise deed led the Petitioners to file Writ Petition No. 5837/2025, in which this Court on 06.05.2025 ordered status quo as to ownership and enjoined creation of third party interests, leaving a technical hitch before the Trial Court. Since the Darkhast was pending and the Petitioners had themselves filed another writ petition, they could not have a 'backdoor entry' via Article 226 of the Constitution of India. The petition was dismissed, with the Trial Court expected to expedite execution once matters clear under Writ Petition No. 5837/2025, consistent with the Hon'ble Supreme Court's directions on speedy disposal of execution petitions.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

928 WRIT PETITION NO. 4964 OF 2026

Abdul Riyaz Abdul Wahed Deshmukh (Deceased through LRs) & others ….Petitioners

VERSUS

Gausabi Raheman Alias Bademiya Deshmukh & others

…..Respondents

Mr. V. B. Giri, Advocate for the Petitioners. Mr. A. M. Phule, AGP for the State.

CORAM : SMT VIBHA KANKANWADI & AJIT B. KADETHANKAR, JJ. DATE : 5^th MAY, 2026.

PER COURT :

Present petition has been filed calling record and proceeding of R.D.No. 27/1994 pending before the Civil Judge, Senior Division, Sillod, District Chhatrapati Sambhajinagar and also directing Respondent No. 2/Collector to execute the order of the Executing Court dated 11.07.2018 and thereby handover possession to the Petitioners as per the decree in Regular Civil Suit No. 92/1985.

Heard learned Advocate for the Petitioners and perused the documents on record. Here it is to be noted that no doubt the execution petition is pending since 1994 and therefore, the concerned

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Court is duty bound to expedite the proceeding. However, it appears that there are hurdles in the nature of applications under Order 21 Rule 35 of the Code of Civil Procedure which were decided and thereafter again, on 05.12.2023 there is an application for calling the report from the District Collector, Chhatrapati Sambhajinagar and also for issuing warrant under Order 21 Rule 35 of the Code of Civil Procedure. An order came to be passed in the said Regular Darkhast No. 27/1994 on 07.01.2025 below Exhibit 297 which appears to be an application for cancellation and setting aside compromise deed along with grant of temporary injunction against the objectors. It appears that when the application was rejected on 07.01.2025, the present Petitioners have approached this Court by way of filing Writ Petition No. 5837/2025. This Court by order dated 06.05.2025, issued notice to the Respondents and passed the order of status quo in respect of ownership and also injuncted the parties from creating any third party interest. Under such circumstances, it appears that there is technical hitch in the mind of the learned Trial Court as the superior Court has passed the order to maintain status quo. We cannot then ask the Respondents to proceed with the matter before the Trial Court. Further, when already Darkhast is pending and the Petitioners themselves have filed another writ petition, they cannot

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have backdoor entry by seeking relief under Article 226 of the Constitution of India.

We do not find any merit in the petition. Writ petition stands dismissed. However, so far as the execution petitions are concerned, already there are directions by the Hon’ble Supreme Court that they should be decided as expeditiously as possible and therefore, the learned Trial Court, whenever the things are cleared from the another writ petition by this Court, would expedite the matter.

( AJIT B. KADETHANKAR ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE

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