Sneha W/O Rahul Deshmukh vs Rahul S/O Suresh Deshmukh
2023 Latest Caselaw 2092 Bom

                                                        1                                     7.WP.1336-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 1336 OF 2023
                                   ( Sneha w/o Rahul Deshmukh
                                                Vs.
                                    Rahul S/o Suresh Deshmukh )

Office Notes, Office Memoranda                              Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mrs. P.M. Chandekar, Advocate for the Petitioner.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 2nd MARCH, 2023

Heard Mrs. Chandekar, learned counsel for the petitioner.

2. It is contended, that the impugned order which indicates the intention of the Court to transfer the matter to Pune on account of the fact that the respondent whose salary was sought to be attached in execution in order of maintenance, was employed with a private employer who was beyond the local limits of the jurisdiction of the Court, does not consider the language of Order 21 Rule 48(a) Sub Clause 3 of the Code of Civil Procedure, which permits the attachment of salary of such judgment debtor, even while he is beyond the local limits of the Court jurisdiction.

3. Issue notice for final disposal to the respondent, returnable in two weeks.

2 7.WP.1336-2023.odt

4. The petitioner to serve the respondent by all modes permissible in law including E-mail and Whats App.

5. In case the Court intends to transfer the proceedings, leave to oppose the Court for stay is granted.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:02.03.2023 14:40