Vijay Ramchandra Patil vs Satyawan Ramchandra Patil 4 Ors. and 2A Vanita N Patel and 2 Ors. (Prop Resp) — Bombay HC (2025) — LawSathi Research

Vijay Ramchandra Patil vs Satyawan Ramchandra Patil 4 Ors. and 2A Vanita N Patel and 2 Ors. (Prop Resp) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Procedural adjournment with conditional directions: office objections of Execution Application (L) No. 5540 of 2023 and Interim Application (L) No. 17603 of 2023 to be removed and registration numbers obtained within two weeks, failing which each stands dismissed without further reference to the Court; Respondents to take instructions by the next date; matter listed on 4 August 2025; no further extension of time to be granted. Neither Interim Application was decided on merits.

Issue for consideration

Whether the Execution Application (L) No. 5540 of 2023, presently on lodging number, should be registered within two weeks on pain of dismissal. +2 more

Court's answer

Office objections to the Execution Application are to be removed and its registered number obtained within a period of two weeks, failing which the Execution Application shall stand dismissed without further reference to this Court.

Ratio / Principle

Office objections to Interim Application (L) No. 17603 of 2023 are to be removed and its registered number obtained within a period of two weeks, failing which that Interim Application shall stand dismissed without further reference to this Court.

Key takeaways

No further extension of time would be granted beyond the two-week period allowed for removing office objections and obtaining registration numbers.ratio¶31
Instructions on behalf of the Respondents are to be taken by the next date, subject to the compliance directions above.ratio¶29
The matter is to be listed on 4th August 2025, subject to the above directions.ratio

Detailed headnote1 paragraphs

Procedural order — High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Abhay Ahuja J., 1 July 2025, in Interim Application No. 3260 of 2024 (filed by Vijay Ramchandra Patil to bring the legal heirs of the deceased Respondent No.2 on record, service already effected on the proposed respondents) and Interim Application (L) No. 17603 of 2023 (seeking execution of documents in furtherance of the decree), both arising out of Execution Application (L) No. 5540 of 2023 between Satyawan Ramchandra Patil and others and Atul Builders & Associates and others. Observing that both the Execution Application and Interim Application (L) No. 17603 of 2023 remain on lodging number, the Judge directed that office objections be removed and registration numbers obtained within two weeks, failing which each matter would stand dismissed without further reference to the Court, made clear that no further extension of time would be granted, permitted the Respondents (Nos.1 and 3, represented by Ms. Aishwarya Jadhav) time to take instructions, and directed listing on 4 August 2025. No statutory provisions or precedent cases were cited; neither Interim Application was adjudicated on merits.

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.07.01 19:26:18 +0530

31-IA-3260-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 3260 OF 2024

IN

EXECUTION APPLICATION (L) NO. 5540 OF 2023

Vijay Ramchandra Patil … Applicant In the matter between : Satyawan Ramchandra Patil and others … Applicant

Versus

Atul Builders & Associates and others … Respondents

WITH

INTERIM APPLICATION (L) NO. 17603 OF 2023

IN

EXECUTION APPLICATION (L) NO. 5540 OF 2023

Mr. Aseem Naphade instructed by A.P. Singh & Co., Advocate for the Applicant.

Ms. Aishwarya Jadhav, Advocate for the Respondents No.1 and 3.

CORAM : ABHAY AHUJA, J. DATE : 1 JULY 2025

P.C. :

1. When the matter is called out, Ms. Jadhav, learned Counsel,

appears for the Respondents No.1 and 3 and submits that she has just been briefed in the matter and some time be granted.

Kanchan Dhuri 1/3

31-IA-3260-2024.doc

Mr. Naphade, learned Counsel, appears for the Applicant and submits that this Interim Application No.3260 of 2024 is for bringing the legal heirs of the deceased Respondent No.2 on record and that service of the Application has been effected on the proposed Respondents and seeks some time to file Affidavit of service in this regard.

It is observed that the Execution Application is still on lodging number. Let office objections be removed and registered number be obtained within a period of two weeks, failing which the Execution Application to stand dismissed without further reference to this Court.

There is also another Interim Application (L) No. 17603 of 2023.

Mr. Naphade submits that the said Interim Application seeks execution of documents in furtherance of decree. However, the said Application is also on lodging number. Let office objections be removed and registered number be obtained within a period of two weeks, failing which the Interim Application to stand dismissed without further reference to this Court.

Ms. Jadhav, also seeks some time to take instructions on the said Interim Application.

Kanchan Dhuri 2/3

31-IA-3260-2024.doc

Subject to the above, let instructions on behalf of the Respondents be taken by the next date.

Also subject to the above, list on 4^th August 2025 .

It is made clear that no further extension of time would be

granted.

(ABHAY AHUJA, J.)

Kanchan Dhuri 3/3