C482/1547/2023
2023 Latest Caselaw 2504 UK

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                                 C482 No.1547 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Ms. Rajni Supyal, learned counsel for the applicant.

Mr. V.S. Rawat, learned Brief Holder for the State.

The instant C482 Application has been preferred by the applicant as against the order which was passed in Criminal Misc. Case No.467 of 2023, "Smt. Rajnish and another Vs. Krishna Kumar" which is pending consideration before the Court of Judicial Magistrate, Dehradun, for recovery of an amount of Rs.2,40,000/- as a maintenance payable for the period from 01.02.2022 to 31.01.2023, as it has been passed by the Executing Court, as a consequence to the judgment of 24.01.2018 which was rendered in Misc. Case No.914 of 2015, "Smt. Rajnish and another Vs. Krishna Kumar". On 23.06.2023, as a consequence of order passed in Misc. Case No.467 of 2023, a recovery warrant against the applicant for recovering the aforesaid amount has been issued by the Executing Court.

The precise facts of this case have already been dealt with in connected C482 Application No.1545 of 2023.

Since in the instant case too, the Misc. Case No.467 of 2023, "Rajnish and Another Vs. Krishna Kumar" is, on account of an order passed in an Execution Case, this too could be curbed by the present applicant only by resorting to his recourses by filing an appropriate application in Revision No.101 of 2022, which is pending consideration.

Subject to the aforesaid, this C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 25.08.2023 Sukhbant