Bombay High Court

MAVJI KANJI PASADversusYOGESH VIRSEN GANJAWALA AND 6 ORS.

Decided: 19 August 2026
Disposal: DISPOSED OFF

Holding

A pending execution application becomes infructuous upon the death of the decree holder and must be disposed of.

Summary

The applicant, Mavji Kanji Pasad, was the holder of a decree against Yogesh Virsen Ganjawala and six other respondents. The applicant filed Execution Application No. 932 of 2013 to enforce the decree. During the pendency of the execution proceedings, the decree holder (applicant) died. The learned judge was asked to consider whether the execution application could continue after the death of the decree holder. It was held that the death of the decree holder rendered the execution application infructuous. Consequently, the execution application and any pending applications were disposed of.

Issues considered

The death of a decree holder renders a pending execution application infructuous.

Subjects

execution of decree
death of decree holder
infructuous proceedings
civil procedure
High Court of Bombay

Judgment

                                                                                            44 Chs-953-2016.odt




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION

                                            CHAMBER SUMMONS NO. 953 OF 2016
                                                          IN
                                          EXECUTION APPLICATION NO. 932 OF 2013

                              Mavji Kanji Pasad                                      ...Applicant

                                           Vs.

                              Yogesh Virsen Ganjawala And
                              6 Ors.                                                 ...Respondents
                                                                *****
                                   Adv. Piyush Shah (VC)           Advocate for the Applicant in
                                                                   CHS 953 of 2016
                                   Adv. Rushikesh Bhorania, Adv. Advocate for the Respondent
                                   Aman Batar i/by Adv. Chetan No. 3
                                   Agrawal
                                   Mr. Yash Jalandria i/by Nita Advocate for the Respondent
                                   Solanki                      Nos. 1, 2, 4 to 6

                                                                *****
                                                  CORAM :          S. M. MODAK, J.

                                                  DATE     :       19th AUGUST 2026

                              P. C. :-

                              1.      Heard learned advocate for the Applicant-decree holder.

                              2.      On the basis of the instructions, it is submitted that the decree

                              holder has expired and the Execution Application has become

                              infructuous. Hence, Execution Application is disposed of as
           Digitally signed
SEEMA by   SEEMA
        KSHITIJ
KSHITIJ YELKAR
        Date:
YELKAR 2026.08.21
        18:57:15 +0530        Seema                                                                       1/2
                                                               44 Chs-953-2016.odt




infructuous.

3.      Pending applications, if any, stand disposed of.


                                           [S. M. MODAK, J.]




Seema                                                                        2/2

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