Mahadu Janaji Bansode v. The State Of Maharashtra And Others

1 wp 845.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 845 OF 2016 Mahadu Janaji Bansode .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri D. R. Jaybhar, Advocate for the Petitioner. Shri C. S. Kulkarni, A.G.P. for the Respondent No. 1. Shri S. D. Hiwarekar, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE : 06TH DECEMBER, 2017.

FINAL ORDER :

.

Mr. Jaybhar, the learned advocate for the petitioner states that, the decree passed by the Civil Court is sent to the Revenue Authorities for execution U/Sec. 54 of the Code of Civil Procedure on 15.12.1999, however, till this date no steps are taken by the authorities to execute the same.

2.

We have heard the learned counsel for respective parties. 3.

It appears that, even this Court dismissed the second appeal filed by the judgment debtor. The judgment of the Civil Court, it appears that, has become final. When the decree has

2 wp 845.16 been sent by the Civil Court to the revenue authorities U/Sec. 54 of the C. P. C., it is duty of the revenue authorities to execute the same.

4.

The decree is sent to the revenue authorities for execution in the year 1999.

5.

In case the said execution is pending, the revenue authorities shall take steps to execute the decree expeditiously and in accordance with law, of course, after adhering to the procedure. The endeavour should be made to execute the same within a period of nine (09) months from today. The writ petition is disposed of. No costs.

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Dec. 17