Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 1892 of 2018 Petitioner :- Amit Bhatnagar Respondent :- Principle Judge, Family Court, Shahjahanpur And Another Counsel for Petitioner :- Sanjay Kumar Yadav
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A for the State.
The present petition has been filed to quash the order dated 20.3.2014 passed in Execution Application, Misc. Case No. 608 of 2014 (under Section 128 Cr.P.C.) till the pendency of recall application pending before the Principal Judge, Family Court, Shahjahanpur, in Case No. 85 of 2014 (Old Case no. 12/2012).
The present petition has been filed against the recovery warrant being perused against the petitioner under the order dated 4.1.2014 passed by the learned Principal Judge Family Court, Shahjahanpur, by which maintenance allowance @ of Rs. 2,000/- per month has been awarded to the opposite party no.2 from the date of that order.
Learned counsel for the petitioner submits that against the order dated 4.1.2016, the petitioner has preferred an application to recall that order. The said application was filed on 13.4.2017. The same has remained pending till date. In respect of the same, it has also been submitted that by the order dated 20.1.2017 the learned Principal Judge Family Court, Shahjahanpur had provided subject to the petitioner depositing a sum of Rs. 35,000/- his recall application may be heard and decided. The petitioner had made the aforesaid deposit as directed. However, the recall application has still remained pending.
In such circumstance, it is submitted that the recovery proceeding that are being pursued against the petitioner may be stayed.
Having considered the argument so advanced by learned counsel for the petitioner and having perused the order sheet as annexed with the present petition, the present petition is disposed of with a direction to the learned Court below to hear and decide the petitioner's recall application, expeditiously necessarily within a period of two months from the date of the production of a certified copy of this order. For a period of two months or till disposal of the recall application, which ever is earlier, no coercive measure shall be adopted against the petitioner in pursuance of the recovery warrant impugned in the present petition.
Order Date :- 28.3.2018 Mini