Rule.
The H.L. Jani, learned A.P.P. waives service of rule on behalf of respondent No. 1.
Present Criminal Misc. Application has been filed by the applicant-petitioner original accused for the prayer that appropriate order may be issued to stay the further proceedings of Criminal Misc. Application No. 1523 of 2009, i.e. the execution of the order passed in Criminal Misc. Application No. 1523 of 2009 by the Family Court, Ahmedabad dated 03.04.2012.
Learned Advocate Shri Tejas P. Satta has submitted that the said order is assailed in the main matter, i.e. Criminal Misc. Application No. 1928 of 2012 before this Court and till it is heard, the recovery or the execution proceedings may not proceed. However, in the facts and circumstances of the case and considering the impugned order the Family Court, Ahmedabad is directed to postpone the hearing or the execution of the order passed in Criminal Misc. Application No. 1523 of 2009, dated 03.04.2012 on a condition that the applicant-petitioner who is present with learned Advocate Shri Tejas P. Satta before this Court today has made a statement that the amount of Rs. 25,000/- shall be deposited by him before the Family Court, Ahmedabad today itself.
The Registry is directed to inform by way of telephonic message or fax message to the concerned Family Court, Ahmedabad about the pendency of this matter and this order so that it may postpone the hearing of the execution proceedings on a condition that the petitioner deposits the amount of Rs. 25,000/- today itself before 4:30 P.M.
Present Criminal Misc. Application stands disposed of.
Rule is made absolute.
[RAJESH H. SHUKLA,J] Hasan.
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