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.
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C/SCA/6984/2025 ORDER DATED: 09/06/2025
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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
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C/SCA/6984/2025 ORDER DATED: 09/06/2025
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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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C/SCA/6984/2025 ORDER DATED: 09/06/2025
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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
