Bombay High Court

MANOJ DATTATRAY MESTRYversusFAISAL MOHD. HUSSAIN AGARABATTIWALA AND ANR

Decided: 8 May 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The Court ordered that the execution petitions be decided expeditiously as per the Supreme Court’s directive.

Summary

Manoj Dattatray Mestry filed two writ petitions (Nos. 5918 and 5929 of 2026) before the Bombay High Court seeking relief against the respondents. The petitioner was represented by Harshal Hasmukh Savla and Pintu Singh. The Court noted that the execution petitions arising from these writs required speedy resolution. It referred to the Supreme Court’s directive in Rahul S. Shah v. Jinendra Kumar Gandhi (2021) 6 SCC 418, which mandates expeditious disposal of execution petitions. Accordingly, the High Court directed the executing court to decide the execution petitions as quickly as possible. The petitions were thereafter disposed of by the bench.

Issues considered

Whether the execution petitions arising from the writ petitions should be decided expeditiously in accordance with the Supreme Court’s direction.

Subjects

execution petition
expeditious disposal
Supreme Court direction
Civil Appellate Jurisdiction
Writ Petition
Bombay High Court

Judgment

                                                                               4-5-WP-5918-2026.DOC




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 5918 OF 2026


                      Manoj Dattatray Mestry                                          ..Petitioner
                             Versus
                      Faisal Mohd Hussain Agarabattiwala and Anr                   …Respondents

                                        WRIT PETITION NO. 5929 OF 2026

                      Manoj Dattatray Mestry                                          ..Petitioner
                             Versus
                      Aliya Faizal Agarbattiwalla and Anr                          …Respondents


                      Mr. Harshal Hasmukh Savla, with Pintu Singh, for the Petitioner in
                            both the Petitions.

                                                     CORAM:         N. J. JAMADAR, J.
                                                     DATE :         8th MAY 2026


                      P.C.:

                      1.      Heard the learned Counsel for the Petitioner.
ARUN
RAMCHANDRA
SANKPAL               2.      The Execution Petitions of which the expeditious disposal is
Digitally signed by
ARUN RAMCHANDRA
SANKPAL
Date: 2026.05.11
                      sought are of the year 2026.
15:35:57 +0530



                      3.      In conformity with the directions of the Supreme Court in the

                      case of Rahul S Shah Vs Jinendra Kumar Gandhi, 1 the Executing Court

                      is requested to decide the Execution Petition as expeditiously as

                      possible.

                      1       (2021) 6 SCC 418.
                      ARS                                     1/2
                                           4-5-WP-5918-2026.DOC

4.    Petitions disposed.

                                  [N. J. JAMADAR, J.]




ARS                         2/2

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