District : South 24 Parganas.
IN THE COURT OF THE LEARNED 17TH
ADDITIONAL DISTRICT & SESSION JUDGE AT ALIPORE,
SOUTH 24 PARGANAS.
{
Criminal Miscellaneous Jurisdiction }
Criminal
Appeal no. 156 of 2024
In
the matter of :
Shri Vijaybhai M Narang alias Narang Vijaybhai,
__________Appellant
-
Versus –
Smt. Vandana Narang, nee Bhawani,
_____________Respondents.
Extension Petition
of Stay Order dated 02-07-2024;
The
humble petition on behalf of the Appellant most respectfully;
Sheweth as under;
1.
That the
appellant has placed the above referred appeal under Section 29 of the
Protection of Women from Domestic Violence Act’ 2005, challenging the Order
dated 05-06-2024, passed by Learned Chief Judicial Magistrate, Alipore, South
24 Parganas in M.Ex. Case No. 462/2018, inter alia praying for stay of the
operation of the said impugned order. The Learned Court heard the above
referred matter and considered the petition for stay of the impugned Order, and
was pleased to stayed on interim basis the Order dated 05-06-2024, passed by
Learned Chief Judicial Magistrate, Alipore, South 24 Parganas in M. Ex. Case
No. 462/2018, by Order No. 02, dated 02-07-2024.
2.
That the said Order No. 02, dated 02-07-2024, has been placed before
the Learned Chief Judicial Magistrate, Alipore, South 24 Parganas, in M.Ex.
Case No. 462/2018. The Learned Magistrate fixed the date on 03-09-2024, for
further consideration in the said Execution Case.
3.
That the Appellant seeks the extension
of the said Order No. 02,
dated 02-07-2024, staying the operation of the impugned Order dated 05-06-2024,
passed by the Learned Chief Judicial Magistrate, Alipore, South 24 Parganas, in
M.Ex. Case No. 462/2018, till the disposal of the present appeal, in the
interest of administration of Justice.
4.
That unless the Learned Court stay the
operation of the impugned order dated 05-06-2024, passed in M.Ex. no. 462 of
2018, which is pending before the Learned Chief Judicial Magistrate, at
Alipore, South 24 Parganas, till the disposal of the present appeal, the
appellant will highly prejudice and suffer with irreparable loss and injury.
5.
That the balance of convenience and
inconveniences are in favour of the appellants and the respondents will not
prejudice.
6.
That this application is made bona-fide
and for the interest of administration of Justice.
Under the aforesaid facts and circumstances, the
appellant most humbly prays that Your Honour may graciously be pleased to stay
the operation of the impugned Order dated 05-06-2024, passed in M.Ex. No. 462
of 2018, by the Learned Chief Judicial Magistrate, at Alipore, South 24
Parganas, by way of extension of the Order No. 02, dated 02-07-2024, till the
disposal of the present appeal, in the interest of administration of Justice;
And/or -
To pass such other necessary order or orders and or
further Order/Orders as Your Honour may deem fit and proper for the end of
justice.
And for this act of
kindness, Your appellant as in duty-bound shall ever pray.
Affidavit
I, Shri Vijaybhai M Narang alias Narang
Vijaybhai, Son of Sri Mohanlal Narang
aged about 46 years, by faith Hindu, by Occupation Service, residing at
premises being no. B-103, Satellite Center Building, 10th Floor,
Mansi Circle, Vastrapur, Ahmedabad – 380015, do hereby solemnly declare and
affirm as follows :
- That
I am competent to swear this affidavit.
- That
I am appellant in the present proceeding, before the Learned Court.
- That
I am conversant and acquainted with the material facts as stated in the
foregoing paragraphs of my appeal.
- That
the statements as made by me in the foregoing paragraphs in the appeal are
true to the best of my knowledge and belief.
- That
all the above statements are true to the best of my knowledge and belief.
DEPONENT
Identified by me,
Advocate.
Prepared
in my Chamber,
Advocate
Date :
__________________2024.
Place
:Alipore Criminal Court.
NOTARY
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