Court No. - 33
Case :- APPLICATION U/S 482 No. - 38263 of 2018 Applicant :- Sunil Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
The applicant has sought quashing of the proceeding of Case No.239 of 2018 which has been instituted to implement a protection order dated 24.06.2017 passed by the Additional Chief Judicial Magistrate, Court No.5, Meerut in Case No.15245 of 2016, under Section 12 of the Protection of Women from Domestic Violence Act.
According to the applicant, the order dated 24.06.2017 is an order whereby not only maintenance but compensation has also been provided to the wife of the applicant but the said order is an ex-parte order against which an application for recall has been filed, which remains pending.
It is the prayer of the applicant that till the recall application is decided, no coercive steps be taken against the applicant in the execution proceeding.
It is well settled in law that mere filing of an application to recall an order or filing an appeal against an order would not amount to stay of the operation of the order of which recall is sought or against which appeal is filed.
Under the circumstances, the prayer of the applicant is misconceived. In case the applicant is aggrieved by the order of which recall is sought, he may approach the court concerned where the recall application is pending or he may file an appeal before higher court/forum against the order of which recall is sought, as may be advised.
With the aforesaid liberty, the application is disposed off.
Order Date :- 27.10.2018 AKShukla/-