The petitioner has approached this Court by joining Registrar, Family Court, Ahmedabad as party respondent no. 1 and State Bank of India as party respondent no. 2 with following reliefs:
(A) A writ of Mandamus or any other appropriate writ, order or direction be issued to
(i) hold and decide the action on the part of respondent No. 2 in not permitting the encashment of FDR Nos. 745067 and 745068 to the petitioner as illegal, unjust and direct the respondent No.2 to permit encashment of the said FRDs to the petitioner;
(ii) hold and declare that the Yadi sent by respondent No.1 and the endorsement made by the Family Court on the letter of respondent No. 2 dated 21.03.2009 is absolutely illegal, unjust and is unknown to law and such type of Yadi/direction cannot be issued on the letter and accordingly be pleased to quash and set aside the said Yadi/direction;
(B) Pending the admission and final hearing of the petition, this Hon'ble Court may be pleased to direct the respondent No.2 to permit the petitioner to encash the FDR Nos. 745067 and 745068 on such terms and conditions as may be deemed fit in this Hon'ble Court;
Any other and further relief or reliefs to which this Hon'ble Court deemed fit, in the interest of justice; may kindly be granted;"
Thus, the matter is arising out of the matters and orders of sub-ordinate civil court. Office may examine and if needed obtain appropriate orders from Hon'ble the Acting Chief Justice for placement of the matters. The party-in-person, a senior citizen is coming from Botad, a place, 162 Kms away from Ahmedabad, if possible, the office may examine the matter today itself so that the party-in-person may not have to be subjected to frequent visit of the Court.
(S.R.BRAHMBHATT, J.) pallav Top