Vaishnavi 36-WP-6949-2019.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6949 OF 2019 Kalwa Co-Op. Housing Soc. Ltd. ...Petitioner V/s. Sagardeep Co-Op. Hsg. Soc. and Anr ...Respondents _______________ Mr. Laxman S. Deshmukh, for Petitioner. Mr. Girish M. Joshi, for Respondent No.1-Society. ______________ CORAM: SANDEEP V. MARNE, J. DATED: 22 JUNE 2026. P.C.: 1) By the impugned order, the Executing Court has merely permitted the Respondent No.1-Society to amend the Darkhast for adding a prayer for another mode for execution. Whether there is any merit in the added prayer or not cannot be decided at this stage. 2) Mr. Deshmukh, the learned counsel appearing for Petitioner, submits that the execution proceedings themselves are not maintainable since Respondent No.1-Society is not the Decree-Holder and in fact, a Judgment-Debtor. He submits that under the judgment and order dated 29 November 2012, no relief is granted in favour of Page No. 1 of 2 22 JUNE 2026 Vaishnavi 36-WP-6949-2019.docx Respondent No.1-Society which is capable of being executed by the Executing Court. I am sure that the Executing Court would decide these objections raised by the Petitioner while deciding the execution proceedings. As of now, this Court is not interfering in the impugned order to ensure quicker disposal of the execution proceedings. 3) With the above observations, the Writ Petition is disposed of. The Executing Court shall accord due priority for expeditious disposal of Regular Darkhast No. 65 of 2017. [SANDEEP V. MARNE, J.] Page No. 2 of 2 22 JUNE 2026