Sri Sheo Prabesh Singh vs Smt. Padma Devi
2023 Latest Caselaw 2208 Cal

S/L 65
31.03.2023

Court No.652 SD CO 2296 of 2021 Sri Sheo Prabesh Singh Vs.

Smt. Padma Devi

Mr. Pinaki Ranjan Mitra ... for the Petitioner.

Mr. Pratyush Patwari ... for the Opposite Party.

This is an application against order no.11 dated

10.12.2021 passed in Money Execution Case No.9 of 2021

arising out of Matrimonial Suit No.481 of 2014 passed by the

learned Additional District Judge, 4th Court, Howrah.

In the said money execution case, the judgment-

debtor has prayed for granting stay of the execution

proceeding on the ground that there should be modification

of order no.55 dated 16.3.2021 passed by the court below

relating to payment of arrear maintenance amount and

unless said order no.55 is modified, the execution

proceeding must not continue and is required to be stayed.

Learned counsel appearing on behalf of the opposite

party referred order no.13 dated 04.01.2022 passed by the

same executing court below in the aforesaid Money

Execution Case No.9 of 2021 wherefrom it appears that the

learned advocate for the judgment-debtor prayed time for

payment of arrear maintenance as due to the decree-holder

and he also filed petition praying for time which was also

considered and rejected. The court below accordingly

directed the judgment-debtor to pay the entire arrear

maintenance amount including the litigation costs by the

next date.

In view of the above, I find that the present

application has become infructuous and accordingly, CO

2296 of 2021 is dismissed as infructuous.

However, this order will not preclude the parties to

make their respective claim regarding payment/non-

payment of maintenance amount by filing fresh application

before the court below in the said proceeding.

There will be no order as to costs.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of all

necessary formalities.

(Ajoy Kumar Mukherjee, J.)