901-WP-12684-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12684 OF 2026 The Municipal Corporation Greater Mumbai ..Petitioner Versus Yusuf Rahimatulla Khandewani and Anr …Respondents Mr. Girish Godbole, Senior Advocate, a/w Mr. Santosh Mali, for the Petitioner – BMC. Mr. Girish B Kedia, a/w Mr. Manoj G Agre, for Respondents. Mr. Santosh Singade, Officer, S. E. k/w Ward BMC. CORAM : N. J. JAMADAR, J. DATE : 01st OCTOBER 2026 P.C.: 1. Heard Mr. Godbole, the learned Senior Advocate for the petitioner. 2. The challenge in this petition is to an order dated 28th August, 2026 passed by the learned Judge, City Civil Court whereby an application preferred by the petitioner to dismiss the execution petition, came to be dismissed. 3. The said application was filed on the premise that, in SLP (C) No. 5056/2014, the decree holders/respondents herein were granted liberty to move before the Competent Authority for SAINATH, PA 1/2 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.10.03 12:24:13 +0530 901-WP-12684-2026.DOC alternate accommodation, if permissible under the law, and that such representation made by the respondent has been considered and rejected by the Competent Authority. 4. Evidently, the decree passed in L C Suit No. 756/2009 is in force and it has not been stayed by the first Appellate Court. Thus, the application for dismissal of the execution petition was wholly misconceived. 5. The Writ Petition stands dismissed with costs of Rs.25,000/- to be deposited by the petitioner, with Maharashtra State Legal Services Authority, within a period of three weeks. [N. J. JAMADAR, J.] SAINATH, PA 2/2