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SCR.A/1180/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1180 of 2011
=========================================
BACHUBHAI
CHUNILAL KOTHARI - Applicant(s)
Versus
KETAN
BACHUBHAI KOTHARI & 1 - Respondent(s)
=========================================
Appearance
:
MS.FALGUNI
D.TRIVEDI for
Applicant(s) : 1,
None for Respondent(s) : 1,
MR LB DABHI,
ADDL. PUBLIC PROSECUTOR for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 03/08/2011
ORAL
ORDER
1. Present
petition under Article 226 of the Constitution of India has been
preferred by the petitioner for execution of the order passed by the
learned Family Court, by which the order of maintenance has been
passed in favour of the petitioner. It is not in dispute that
petitioner has already initiated the proceedings before the Family
Court for recovery of the amount as provided under the provisions of
the Code of Criminal Procedure, 1973 by way of recovery application
as well as the warrant has also been issued, hence, present petition
is not entertained. Even otherwise, for execution of the order
passed by the learned Family Court, petition under Article 227 of the
Constitution of India is not maintainable and/or is not required to
be entertained. As and when any proceedings are taken up before the
learned Family Court for execution and/or for recovery of the amount,
the same are ordered to be expedited.
2. With
this, present petition is dismissed.
(M.R.
Shah, J.)
*menon
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