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Bombay High Court

NARMADABAI KALURAM JADHAV DECD THROU. L.H. THROU. POA M.V. GARUDversusRANGABAI ALIAS LAXMIBAI VITHOBA BHAGAT DECD THROU. L.H. AND ORS

Decided
Disposal
Disposed Off

Holding

The stay of execution should be lifted and the pending civil miscellaneous application decided expeditiously, preferably within four months, in accordance with the Supreme Court’s mandate for timely resolution of execution matters.

Summary

The petitioners, representing the estate of Narmadabai Kaluram Jadhav, challenged a stay order issued by the Executing Court that halted the execution of a decree dated 25 October 2002 in RCS No.193/1999. The stay was based on the pendency of Civil Miscellaneous Application No.18/2020, filed under Section 152 of the Code of Civil Procedure, 1908. The petitioners filed a writ petition seeking to set aside the stay, arguing that the application had not been progressed expeditiously. The Court noted the Supreme Court’s decision in Rahul S. Shah v. Jinendra Kumar Gandhi (2021) 6 SCC 418, which mandates that execution petitions be decided within six months. Accordingly, the Court directed that the pending civil miscellaneous application be heard and disposed of as quickly as possible, preferably within four months of the order. The writ petition was thereafter disposed.

Issues considered

  • Whether the stay of execution of the 2002 decree, pending a civil miscellaneous application under Section 152 CPC, is justified.
  • Whether the pending civil miscellaneous application must be decided within a specific time frame in light of the Supreme Court’s six‑month rule for execution petitions.

Legislation cited

Subjects

  • execution of decree
  • stay of execution
  • civil miscellaneous application
  • Section 152 CPC
  • expeditious hearing
  • Supreme Court precedent

Judgment

                                                                      30 WP-9017-26.DOC

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 9017 OF 2026

                      Narmadabai Kaluram Jadhav
                      (Deceased) through LRs & ors.                         ..Petitioners

                              Versus

                      Rangabai @ Laxmibai Vithoba Bhagat
                      deceased through LRs & ors.                       …Respondents


                      Dr. Uday P Warunjikar, a/w Ms. Aishwarya R Tuwar, for the
                           Petitioner.


                                                CORAM :       N. J. JAMADAR, J.
                                                DATE     :    22nd SEPTEMBER 2026

SAINATH
SANJAY
BODKHE
                      P.C.:
Digitally signed by
SAINATH SANJAY
BODKHE
Date: 2026.09.24
17:52:13 +0530

                      1.      Heard, Dr. Warunjikar, the learned Counsel for the

                      petitioners.

                      2.      The grievance of the petitioners is that, the Executing

                      Court has stayed the execution of the decree passed in RCS

                      No.193/1999 on 25th October, 2002 on account of the pendency

                      of the Civil Miscellaneous Application No.18/2020 purportedly

                      preferred under the provisions of Section 152 of the Code of

                      Civil Procedure, 1908. However, the said application, being Civil

                      Miscellaneous     Application    No.18/2020,    was     not   being

                      expeditiously proceeded with. Thus, the petitioner had preferred


                      SAINATH, PA                       1/2
                                                30 WP-9017-26.DOC

an application for setting aside the order staying the execution

of the decree till the decision of the said application. The said

application preferred by the petitioners came to be rejected by

the learned Civil Judge.

3.      Since the decree was passed in the year 2002 and the

application seeking modification in the said decree came to be

filed in the year 2020 and in view of the judgment of the

Supreme Court in the case of Rahul S. Shah Vs. Jinendra

Kumar Gandhi & ors.1, the execution petition is required to be

decided within a period of 6 months, the Court seized with Civil

Miscellaneous Application No.18/2020 is requested to hear and

decide the application as expeditiously as possible and,

preferably, within a period of 4 months from the date of

communication of this order.

4.      The Writ Petition stands disposed.



                                         [N. J. JAMADAR, J.]




1       (2021) 6 SCC 418
SAINATH, PA                        2/2


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