Home > Judgement > HC: If recovery petition is pending in HC then similar application in HC is not maintainable

HC: If recovery petition is pending in HC then similar application in HC is not maintainable

Bachubhai vs Ketan on 3 August, 2011
Author: M.R. Shah,

Gujarat High Court Case Information System

 Print

 SCR.A/1180/2011 1/ 1 ORDER

 IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

 

 

SPECIAL

CRIMINAL APPLICATION No. 1180 of 2011

=========================================

BACHUBHAI

CHUNILAL KOTHARI – Applicant(s)

Versus

 

KETAN

BACHUBHAI KOTHARI & 1 – Respondent(s)

========================================= Appearance

:

MS.FALGUNI

D.TRIVEDI for Applicant(s) : 1, None for Respondent(s) : 1, MR LB DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 2,

=========================================

CORAM

:

 

HONOURABLE

MR.JUSTICE M.R. SHAH

 

Date

: 03/08/2011

 

ORAL

ORDER

 

1. Present

petition under Article 226 of the Constitution of India has been preferred by the petitioner for execution of the order passed by the learned Family Court, by which the order of maintenance has been passed in favour of the petitioner. It is not in dispute that petitioner has already initiated the proceedings before the Family Court for recovery of the amount as provided under the provisions of the Code of Criminal Procedure, 1973 by way of recovery application as well as the warrant has also been issued, hence, present petition is not entertained. Even otherwise, for execution of the order passed by the learned Family Court, petition under Article 227 of the Constitution of India is not maintainable and/or is not required to be entertained. As and when any proceedings are taken up before the learned Family Court for execution and/or for recovery of the amount, the same are ordered to be expedited.

 

 

 

2. With

this, present petition is dismissed.

 

 (M.R.

Shah, J.)

 

*menon

 

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  1. September 8, 2011 at 11:45 am

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