12-WP10207-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10207 OF 2026 Pramod Waman Pagare ...Petitioner Versus Ahilyabai Laxman Aware And Anr …Respondents Mr. Ramchandra Wagh, a/w Narayan Rokade, i/b Siddharth Ghodke, for the Petitioner. CORAM: N. J. JAMADAR, J. DATED: 21st AUGUST, 2026 Oral Order:- 1. Heard the learned Counsel for the Petitioner. 2. A limited prayer in this petition is to direct the Executing Court to execute the decree passed in RCS/34/2001. 3. The grievance of the Petitioner is that, though the second appeal and the review petition preferred by the Judgment Debtors came to be dismissed by the High Court, the trial Court is not proceeding with the execution of the decree on the premise that the High Court has stayed the execution proceeding. 4. The learned Counsel for the Petitioner invites the attention of the Court to an order dated 3rd April, 2025 passed in Review 1/3 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.08.25 09:54:42 +0530 12-WP10207-2026.DOC Petition (St) No.14019/2024, whereby execution proceeding was directed to be stayed till the next date and a subsequent order dated 8th August, 2025, whereby the said Review Petition (St) No.14019/2024 came to be dismissed. Evidently, with the dismissal of Review Petition (St) No.14019/2024 the stay granted by this Court to the execution proceeding during the pendency of the review petition, came to an end. 5. In the face of these orders, the Executing Court cannot decline to execute the decree unless there is stay to the execution of the decree by any Court. 6. The Petitioner is directed to bring to the notice of the Executing Court, the orders dated 3rd April, 2025 and 8th August, 2025 passed in Review Petition (St) No.14019/2024. In the event the Respondents insist that the execution of the decree is still remains stayed, it would be for the Respondents – Judgment Debtors to satisfy the executing Court by placing on the record of the Executing Court, order passed by any Court staying the execution of the decree. 7. The Executing Court is directed to post the execution petition; Regular Darkhast No.82/2017, on its board on 2nd September, 2026 and pass an appropriate order in the light of the aforesaid observations. 2/3 12-WP10207-2026.DOC 8. If the Respondents fail to demonstrate that there is stay to the execution of the decree, the Executing Court shall proceed to execute the decree in conformity with the directions of the Supreme Court in the case of Rahul S. Shah vs. Jitendra Kumar Gandhi and others1. 9. The petition stands disposed. [N. J. JAMADAR, J.] 1 (2021) 6 SCC 418. 3/3