Amit Kumar Srivastava vs State Of Jharkhand
2021 Latest Caselaw 4738 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                C.M.P. No.223 of 2021
                         With
                 I.A. No.3976 of 2021
                          -----

Amit Kumar Srivastava .......... Petitioner.

-Versus-

1. State of Jharkhand

2. Anu Priya Verma .......... Respondents.

-----

CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

For the Petitioner : Mr. Niranjan Kumar, Advocate For the State : Mr. Ashish Kumar, A.C. to G.A.II

-----

Order No.07 Date: 10.12.2021

This case is taken up through video conferencing.

The present civil miscellaneous petition has been filed for quashing the ex parte order dated 28th August, 2019 passed by the Principal Judge, Family Court, Ranchi in Misc. Case no.50 of 2017, whereby the said court below directed to issue attachment order to the petitioner/employer of the petitioner for realization of the amount in terms with the judgment and order dated 9th December, 2016 passed by it in M.T.S. Case no.307 of 2015.

Learned counsel for the petitioner submits that the petitioner earlier challenged the ex parte judgment and order dated 9th December, 2016 passed by the Principal Judge, Family Court, Ranchi in M.T.S. Case no.307 of 2015 by preferring first appeal being F.A. No.294 of 2017. The said appeal was disposed of as not pressed by learned Division Bench of this Court vide order dated 9th January, 2019, reserving liberty with the petitioner (appellant therein) to file an appropriate application before the Principal Judge, Family Court, Ranchi for setting aside the aforesaid ex parte judgment and order. It is further submitted that pursuant to the said order passed in F.A. No.294 of 2017, the petitioner filed an application under Order IX Rule 13 of the Code of Civil Procedure in the court of Principal Judge, Family Court, Ranchi, which was registered as Civil Misc. Case no.06 of 2019, in which notice was issued to the opposite party no.2 and on receipt of the said notice, she filed Vakalatnama through her lawyer. Thereafter, the learned Principal Judge, Family Court, Ranchi directed the opposite party no.2 to file reply. Since then she has not been cooperating in early disposal of Civil Misc. Case no.06 of 2019, due

to which the petitioner is immensely suffering, as 50% of his salary is being attached monthly and being disbursed in favour of the opposite party no.2.

Heard learned counsel for the parties and perused the contents of the present petition. The impugned order dated 28th August, 2019 is a consequential order for implementing/executing the ex parte judgment and order dated 9th December, 2016 passed by the Principal Judge, Family Court, Ranchi in M.T.S. Case no.307 of 2015 and the petitioner has already preferred Civil Misc. Case no.06 of 2019 before the said Court under Order IX Rule 13 of the Code of Civil Procedure for setting aside the same, which is still pending consideration.

Hence, this Court is of the view that the present civil miscellaneous petition challenging the ex parte order dated 28 th August, 2019 passed in Misc. Case no.50 of 2017 is misconceived. Since the effect of the order dated 28th August, 2019 attaching the salary account of the petitioner is dependent upon outcome of Misc. Case no.06 of 2019, no order is required to be passed by this Court at this stage.

The petitioner is, however, at liberty to pursue Misc. Case no.06 of 2019 before the Principal Judge, Family Court, Ranchi.

This writ petition is, accordingly, dismissed with the aforesaid liberty.

I.A. No.3976 of 2021 is also dismissed.

(Rajesh Shankar, J.) Sanjay/