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