Gujarat High Court
Lh Of Decd Mangalbhai Shamarbhai Thakor vs Kashiben Wd/O Ramabhai Banabhai Thakor ... on 9 June, 2025
NEUTRAL CITATION
C/SCA/6984/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6984 of 2025
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LH OF DECD MANGALBHAI SHAMARBHAI THAKOR & ORS.
Versus
KASHIBEN WD/O RAMABHAI BANABHAI THAKOR (DELETED) & ORS.
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Appearance:
MR MA PAREKH(1088) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 09/06/2025
ORAL ORDER
1. Heard learned advocate Mr. M.A. Parikh for the petitioner.
2. The present petition is filed under Article 227 of the Constitution of India, seeking the following relief:-
"(A) Your lordship may be pleased to admit/allow the present Special Civil Application, in the interest of justice;
(B) Be pleased to quash & set aside the Darkhast Proceeding i.e. Execution Application No. 247/2007 filed by the present Respondents/Ori. Defs. In RCS No. 34/1989, In View of the Specific Recitals mentioned in Amendment Application by Vide Exh. 55, pursuant to that the Plaint was also amended, accordingly, as well as In View of, the Written Objections filed by the Petitioner, herein, under Exh. 14 & also declare that the said execution proceeding is time barred, In View of Article 136 of the Limitation Act, 1963, forthwith, in the interest of justice; Annex. A. (C) Pending, admission and final disposal of the present petition be pleased to STAY the Execution Proceeding under Exh. 5 of Vide Execution Application No. 247/2007, forthwith, in all respect, especially, with regards physical possession of the Land (Farm) bearing S.No. 349 Paiki Situated at Village: Vatdra, Ta. Khmabhat, Dist. Anand as well as Property at Sr. No. 869 by Vide Property No. Page 1 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 22:43:52 IST 2025 NEUTRAL CITATION C/SCA/6984/2025 ORDER DATED: 09/06/2025 undefined 581 known as "Gabhan" the forthwith, in the interest of justice;
Annex.. A, (D) Any other and further relief/s may kindly be granted in the interest of justice;"
3. At the outset, learned advocate, Mr. Parikh, would submit that as such, the objections filed by the petitioner below Exhibit 14 in the execution petition in the year 2008 are still not decided by the Executing Court, and as such, according to him, the execution petition is ex-facie time-barred and not maintainable. So, he would request this Court that a suitable direction may be issued to the Executing Court to decide the objection raised by the petitioner, filed below Exhibit 14, in the pending execution, as the execution petition was filed in the year 2007 and in between, the petitioners have had to face great difficulty as warrants were issued against them by the Executing Court.
4. Considering the aforesaid submissions made and after going through the documents annexed with the application, it appears that the execution petition was filed in the year 2007, and the written objection filed by the petitioner below Exhibit Page 2 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 22:43:52 IST 2025 NEUTRAL CITATION C/SCA/6984/2025 ORDER DATED: 09/06/2025 undefined 14 on 26.02.2008 appears to have not been decided, as submitted by learned advocate, Mr. Parikh. Now, it is a well- settled legal position of law that the Executing Court is supposed to and required to decide the execution petition as expeditiously as possible, more particularly within six months from its filing.
5. Be that as it may, once an objection has been filed by the judgment debtor / petitioner, as the case may be, before the Executing Court, it would be incumbent upon the Executing Court to decide such objection after giving an opportunity of hearing to all the parties concerned in accordance with law.
6. So, in view of the aforesaid, the Executing Court is hereby directed to decide the objection raised by the petitioner, filed below Exhibit 14, in pending Execution Application No.247 of 2007, within one month from the date of receipt of the copy of this order, after giving an opportunity of hearing to all the parties concerned, and the same will be decided in accordance with law.
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NEUTRAL CITATION C/SCA/6984/2025 ORDER DATED: 09/06/2025 undefined
7. It is further made clear that this Court has neither gone into nor examined the claims, including the aspect of limitation, so raised in the petition.
8. In view of the aforesaid, this petition is disposed of. No order as to costs.
9. It is open for the petitioner to file a necessary application before the Executing Court not to pass any adverse order until their objections are decided by the Executing Court. Once such an application is filed, it is open for the Executing Court to decide the same in accordance with law.
10. Direct service is permitted.
11. As this Court has issued a direction to decide the objection of the petitioners without issuing notice to the respondents, if they are aggrieved by this order, it is open for the respondents to approach this Court within 15 days from the date of receipt of the copy of this order.
(MAULIK J.SHELAT,J) MOHD MONIS Page 4 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 22:43:52 IST 2025