Ramesh Sukarya Thakur v. Jaywant Laxman Raut and Ors.

What is this about?

Bombay High Court (Sandeep V. Marne, J., 29 April 2026) allowed Writ Petition No. 5832 of 2026 against an Executing Court order dated 17 February 2020 granting the decreeholders' application Exh.56 in Regular Darkhast No.10 of 2010 for removal of obstruction to and opening of a 10 ft wide approach road. Held: narrowing of the road (to about 7.5 ft for 18-19 ft) was caused by third-party land owners on the western side (Pramila Mahadeo Patil and Purshottam Patil) and not by the judgment debtors, as shown by the Court Commissioner's report and the plaintiff's own admission recorded in the trial and in Second Appeal No. 836/2006; the executing court cannot travel beyond the decree or grant relief against non-parties; the decreeholders must sue the obstructors separately. Impugned order set aside; no costs. Key themes: execution, court executing decree cannot go beyond decree, obstruction/encroachment by third parties not impleaded, removal of obstruction in execution refused.

What did the court decide?