Bombay High Court
VIPUL HIRALAL SHAHversusTHE STATE OF MAHARASHTRA THRUGH THE MINISTRY OF HOUSING DEPARTMENT
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court directed the Competent Authority to dispose of the execution application within four months, without adjudicating the merits of the underlying case.
Summary
The petitioners, Vipul Hiralal Shah and another, filed a writ petition seeking a direction to the Competent Authority (Konkan Division, Mumbai) to expedite the disposal of Execution Application for Money Recovery No. 173 of 2024, which had been pending due to frequent adjournments. The petitioners argued that the delay violated their right to a speedy trial and sought a time‑bound order. The Court, without examining the merits of the underlying money recovery dispute, directed the Competent Authority to decide the execution application within four months of receiving a certified copy of the order. The Court clarified that it was not passing any judgment on the substantive issues of the execution case. Consequently, the writ petition was disposed of on the terms of the direction.
Issues considered
- Whether the Competent Authority should be directed to dispose of the pending execution application within a specified time frame due to undue delay.
Subjects
- execution of decree
- writ petition
- expeditious disposal
- adjournments
- civil procedure
- money recovery
Judgment
Digitally
signed by
MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.09.24
19:14:34
+0530
12-WP-3848-2026 (OS).doc
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3848 OF 2026
Vipul Hiralal Shah & Anr. ...Petitioners
Versus
The State Of Maharashtra Through
The Ministry Of Housing Department & Ors. ...Respondents
...
Adv. Bhawin Gada a/w Karan P. Gandhi, Vrutika R., Janvi Ojha
i/b. Karan Gandhi, for the Petitioners.
Adv. Usha Rahi, AGP, for the Respondent- State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 23rd SEPTEMBER, 2026.
P.C.:
1. By the present Writ Petition, the Petitioners have approached
this Court seeking a direction to the Respondent No.2-Competent
Authority (Konkan Division), Mumbai for the expeditious disposal of
the Execution Application for Money Recovery No. 173 of 2024
arising out of Execution Application No. 148 of 2023 dated 16 th
October 2024, within a time bound period.
2. Learned counsel for the Petitioner submits that such
Execution proceeding is pending before the Respondent No.2-
1
12-WP-3848-2026 (OS).doc
Competent Authority (Konkan Division, Mumbai) for a long time
due to frequent adjournments.
3. Considering the facts and circumstances of the case, and
without entering into the merits of the matter, the Respondent
No.2-Competent Authority (Konkan Division), Mumbai is directed to
consider, decide and dispose of the Execution Application for Money
Recovery No. 173 of 2024 arising out of Execution Application No.
148 of 2023 dated 16th October 2024, in accordance with law,
preferably within a period of four months from the date of
production of a certified copy of this order.
4. We clarify that this Court has not adjudicated upon or
expressed any opinion on the merits of the case.
5. The Writ Petition stands Disposed Of in the above terms.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
2
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