Singh vs Smt. Bhawna
2023 Latest Caselaw 2956 UK

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                                  C-482 No.1962 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Ms. Mamta Arya, Advocate, on behalf of Mrs. Prabha Naithani, Advocate, Advocate, for the applicant.

Mr. V.K. Gemini, Deputy A.G., with Mr. B.C. Joshi, A.G.A., for the State of Uttarakhand.

The respondent has preferred an appeal, being Criminal Appeal No. 33 of 2023, Bhagwan Singh Vs. Smt. Bhawna, where the challenge has been given to the judgment dated 17th August, 2023, as passed by the Court of Judicial Magistrate, 1st, Khatima, District Udham Singh Nagar, in Misc. Criminal Case No. 31 of 2023, Smt. Bhawna Vs. Bhagwan Singh and others, wherein, the learned Trial Court while exercising its powers under Section 23 had granted an interim maintenance to the daughter and had given a right of residence in one of the rooms in the accommodation as described therein situated in Village Tapera, Thana Nanakmatta, District Udham Singh Nagar.

This order has been put to challenge in appeal, in which, there operates an interim order as granted on 25th August, 2023, which is under challenge.

This C-482 Application has been preferred against an interlocutory order, where the appellate court has made an interim arrangement by granting an interim order during the pendency of appeal itself. It is not a final adjudication of the lis.

Apart from it, the apprehension expressed by the applicant as contended in para 19 that respondent No.2 is likely to sell the property, for which, the order under Section 23 has been passed, is a very vague assertion made on the basis of personal knowledge, which could not be substantiated by any material on record.

In order to balance the equity, this C-482 Application would stand disposed of, directing the Appellate Court of District and Sessions Judge, Rudrapur, District Udham Singh Nagar, to decide the Appeal No. 33 of 2023, Bhagwant Singh Vs. Smt. Bhawna, itself as expeditiously as possible but not later than two months from the date of production of certified copy of this order.

(Sharad Kumar Sharma, J.) Dated 04.10.2023 Shiv