Ragho S/O Krishna Mungule Dead Thr. Lrs. And Others v. State Of Mah., Thr. Special Land Acquisition Officer, Chandrapur And ANR.

2026:BHC-NAG:6557-DB 105.wp.3368.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3368 OF 2026 Ragho S/o. Krishna Mungule and others .Vs.

The State of Maharashtra and anr.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Aniket Rangari, Advocate for the petitioner/s Mr T. H. Khan, AGP for respondent No.1/State CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATED : 28 th APRIL , 2026 .

Heard.

2.

The contention is that the petitioner- Ragho Mungule (Now dead) is a decree holder in whose favour reference court has passed Judgment on 22.12.2000 in a Land Acquisition Reference Case No. 51 of 1997. The challenge to the aforesaid judgment dated 22.12.2000, as raised by the appellant in first appeal, was dismissed by this Court vide judgment dated 21.09.2013.

3.

Since the respondents-judgment debtors had not complied with the aforesaid order, the petitioners-decree holder had filed Special Darkhast No. 110 of 2001 seeking execution of the above mentioned judgment dated 22.12.2000 before the learned Civil Judge Senior Division, Chandrapur.

4.

Learned counsel for the petitioners submits that though the aforesaid execution proceeding was filed in the

105.wp.3368.2026.odt year 2001, even after passage of 25 years now the aforesaid execution is not yet decided by the learned Executing Court. 5.

The learned counsel for the petitioners has invited our attention to the judgment of the Hon'ble Supreme Court of India in the case of Rahul S. Shah vs. Jitendra Kumar Gandhi, reported in, (2021) 6 SCC 418, wherein the Hon'ble Supreme Court has specifically issued mandatory directions that the execution proceeding has to be decided within a period of six months from the date of the order. 6.

In view of the above, we dispose of the present writ petition with a direction to the learned executing Court i.e. 5th Jt Civil Judge Senior Division, Chandrapur to decide the Special Darkhast No. 110 of 2001 within a stipulated period of six months from the date of production of order of this Court in compliance of mandatory directions issued by Hon'ble supreme Court of India in the above referred judgment.

7.

The writ petition is accordingly, disposed of. Pending applications, if any, also stand disposed of. No order as to costs.

[RAJ D. WAKODE, J] [ANIL S. KILOR, J.] Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 28/04/2026 17:30:41