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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]




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