Bombay High Court
UTTARAKHAND EDUCATION SOCIETY BHARATIY VIDYALAYA AND DIVINE PUPILS ACADEMY AND ANRversusMAHARASHTRA INSTITUTE OF ADVANCE ELECTRONICS AND COMPUTER TECHNOLOGY
- Decided
- Disposal
- Disposed Off
Holding
The High Court disposed the writ petition, directing the lower court to consider the condonation of delay and stay application and ordering a one‑week deferment of execution.
Summary
The petitioners, Uttarakhand Education Society Bharatiy Vidyalaya & Divine Pupils Academy, filed a writ petition in the Bombay High Court seeking relief against a judgment and decree dated 14 March 2023 passed by the Civil Judge, Thane, in Special Civil Suit No. 619/2012. They also applied for condonation of delay in filing an appeal and for a stay of execution of the decree, which had not been heard by the trial court. The petitioners had already deposited Rs. 4,50,000 towards the decretal amount. The High Court disposed of the writ petition, directing the District Judge handling the condonation application to hear and decide the stay application. It further permitted the petitioners to file a miscellaneous application for stay before the Appellate Court and ordered the executing court to defer execution for one week to facilitate the petitioners' approach to the District Court.
Issues considered
- Whether the writ petition seeking a stay of execution pending an appeal can be entertained by the High Court
- Whether condonation of delay in preferring an appeal against the decree is permissible
- Whether the execution of the decree should be deferred pending the stay application
Subjects
- writ petition
- stay of execution
- condonation of delay
- appeal
- civil procedure
- execution decree
- High Court
Judgment
44 WP-11877-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11877 OF 2026
Uttarakhand Education Society Bharatiy
Vidyalaya & Divine Pupils Academy & anr. ..Petitioners
Versus
Maharashtra Institute of Advance
Electronics & Computer Technology …Respondent
Mr. Sujay Gawade, a/w Ms. Mudita Pawar, Ms. Mihika Save,
i/b Shree & Co., for the Petitioners.
CORAM : N. J. JAMADAR, J.
DATE : 08th September 2026
P.C.:
1. Heard the learned Counsel for the petitioner.
2. Mr. Gawade, the learned Counsel for the petitioner
submits that, the petitioner has preferred an appeal alongwith
an application for condonation of delay in preferring the appeal
SAINATH
SANJAY
BODKHE against a judgment and decree dated 14 th March, 2023 passed
Digitally signed
by SAINATH
SANJAY by the learned Civil Judge, Thane. In the said application for
BODKHE
Date:
2026.09.10
10:06:19 +0530
condonation of delay, the petitioner has filed an application for
stay to the execution and operation of the decree passed by the
trial Court. However, the said application is not being taken up
for hearing.
SAINATH, PA 1/2
44 WP-11877-26.DOC
3. Mr. Gawade, the learned Counsel further submits that,
towards the decretal amount the petitioner has already
deposited a sum of Rs.4,50,000/-.
4. In view of the aforesaid submission, the Writ Petition
stands disposed with a request to the learned District Judge
seized with application for condonation of delay in preferring the
appeal against the judgment and decree in Special Civil Suit
No.619/2012 to hear and decide the application for stay to the
execution and operation of the decree passed in Special Civil
Suit No.619/2012.
5. The petitioner is permitted to file an application before the
Appellate Court to take the Miscellaneous Application for stay to
the execution and operation of the decree, on the board of the
Appellate Court.
6. In view of the statement that, out of the decretal amount a
sum of Rs.4,50,000/- is paid and to facilitate the petitioner to
approach the District Court and pursue the application to stay
the execution and operation of the decree, the Executing Court
is requested to defer the execution by a period of one week, only.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
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