1 WP2987/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2987 OF 2011 Nanded Zilla Parishad, Nanded and another Petitioners V E R S U S Sumedh s/o Dattatraya Dhole and others Respondent Shri N.S. Kadam, Advocate for the petitioners Smt S.G. Chincholkar, Advocate for respondent No.1 Shri K.M. Suryawanshi, AGP for respondent No. 2 / State Shri V.M. Lomte, Advocate for respondent Nos. 3 and 4 CORAM : A.V. NIRGUDE, J. DATED : 16th September, 2011 PER COURT : 1. Heard. 2. This writ petition is challenging almost an interim order which has apparently not caused any prejudice to the petitioners. The petitioners are judgment-debtors before the execution Court. A decree in the nature of mandatory injunction is passed against them. The decree-holder is asserting that the petitioners / judgment-debtors are purposely not implementing and obeying the decree and order of mandatory injunction. He made an application to the execution Court that action under Order XXI Rule 32 of the Code of Civil Procedure should be taken against the petitioners / judgment-debtors as they had willfully disobeyed the decree. The learned Judge of the execution Court gave notice to the petitioners / judgment-debtors as to why he should not issue show-cause-notice to them. The petitioners / judgment-debtors appeared and tried to inform to 2 WP2987/11 the execution Court that they are not willfully disobeying the decree, but they are in the process of filing appeal against the decree. However, they could not pursued the learned Judge of the execution Court from withdrawing the notice. With the result, the learned Judge of the execution Court issued show-cause-notice against the petitioners / judgment-debtors directing them to show cause why action should not be taken against them for alleged willful disobedience etc of the decree. This order is challenged in this writ petition. 3. In view of the narration of facts above, it is clear that the learned Judge of the execution Court has so far not decided that the petitioners / judgment-debtors are guilty of willful disobedience etc of the decree. So, at present, there is no prejudice caused to the petitioners / judgment-debtors. I am told that they have submitted their reply to the show-cause-notice and the execution Court has still not decided about further action. In view of this, this petition appears to be a premature action. I am refraining from expressing any view from the facts of the case. While dismissing the writ petition, I am directing the learned Judge of the execution Court that he should decide as to whether the petitioners / judgment-debtors have shown sufficient cause not to initiate action against them for the alleged willful disobedience etc of the decree. In view this, writ petition stands dismissed. ( A.V. NIRGUDE, J. ) SRM/wp/2987/11/16/9/11