Sitaram Tularam Pradhan Died Through Lrs Suman Sitaram Pradhan And Others v. Keshav Tularam Pradhan And Others

2025:BHC-AUG:28563 2258.25WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO.2258 OF 2025 SITARAM TULARAM PRADHAN DIED THROUGH LRS SUMAN SITARAM PRADHAN AND OTHERS

VERSUS

KESHAV TULARAM PRADHAN AND OTHERS ...

Advocate for the petitioners : Mr.S.V.Dixit Advocate for Respondent no.1 : Mrs.Rajshri Gudgilla ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 07.10.2025 P.C. :

1] By the present Writ Petition, the petitioners challenge the order dated 31.01.2025 passed by the Joint Civil Judge Junior Division, Aurangabad below Exh. 122 in Regular Darkhast No.220/2012 wherein the Executing Court was pleased to grant police aid so as to enable the bailiff to hand over the possession of the property in execution to the decree holder.

2] The learned counsel for the petitioners submits that there is no obstruction created by the petitioners - judgment debtors to the decree and without such obstruction being created by the petitioners, the police aid cannot be granted to the decree holder and the police protection should be granted only in a serious matter. Since

2258.25WP the petitioners have objected for the same, the Executing Court inferred that the judgment debtors are making every endeavour to delay the satisfaction of the decree as such the Court granted police protection. The learned counsel for the petitioners submits that the order passed by the Executing Court in respect of police aid is illegal and the same be quashed and set aside.

3] Considering the submission, I deem it appropriate to direct the bailiff to hand over possession without police aid to the decree holder and clause no.3 of the impugned order dated 31.01.2025 is modified accordingly. Clause no.2 of the impugned order dated 31.01.2025 is quashed and set aside. If the bailiff is obstructed in granting possession, then after liberty is reserved to take appropriate steps including police protection to deliver possession. Writ Petition is disposed of accordingly. All contentions on merits left open. [ARUN R. PEDNEKER] JUDGE DDC