Decree holder challenged Family Court's closure of multiple recovery proceedings without hearing her on alternative execution remedies. The High Court partly allowed the writ, remanding to the Family Court to pass a fresh order after hearing her and to decide a pending application.
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2024:BHC-NAG:120
65wp2744-2023.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition No.2744 of 2023
PRIYANKA W/O JANARDAN PATEL (MAIDEN NAME PRIYANKA D/O SUNIL CHOKHARE VS JANARDAN S/O JITENDRA PATEL
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Ms (Dr.) R.S. Sirpurkar, Advocate for the Petitioner/s
CORAM : ANIL S. KILOR, J. DATED : 04.01.2024
nd.thawre
2 65wp2744-2023.odt
(i) The writ petition is partly allowed .
(ii) The matter is remanded back to the learned Family Court No.2, Nagpur to pass the order afresh, after hearing the petitioner, within two months from the date of appearance of the petitioner.
[ANIL S. KILOR, J.]
nd.thawre
1 issue framed by the court
Whether the Family Court could close recovery/execution proceedings without hearing the decree holder on other legal remedies for executing the maintenance decree.
PRIYANKA W/O JANARDAN PATEL (MAIDEN NAME PRIYANKA D/O SUNIL CHOKHARE)
JANARDAN S/O JITENDRA PATEL
ANIL S. KILOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
