In the Court of the Learned Chief Judicial
Magistrate, at Alipore, South 24 Parganas
Misc. Execution No. 462 of 2018
In
the matter of ;
VandanaNarang,
__________Petitioner
-
Versus
–
Vijaybhai M.
Narang,
______Opposite Party
Petition
for Stay of proceeding;
The humble
petition on behalf of the above named Opposite Party Vijaybhai M. Narang, most
respectfully;
1. That it is
pertinent to states that in the month of September’ 2020, the petitioner
entered into an Memorandum of understanding and thereby agreed to withdraw this
execution case as well as other cases instituted by her before the concerned
Court. The Petitioner used to reside with the Opposite Party as husband and
wide at her matrimonial house at Gujarat, since the month of September’ 2020.
The Opposite Party had taken care of everything including protection, care and
education of the only female child at Gujarat.
2. That since the
Petitioner has not withdrawn the cases instituted by her, the said cases
including this execution case is still pending even after absence of the
petitioner. The Petitioner again came to Kolkata in the month of February’
2024, and thereafter started to take participation in all those cases which was
agreed upon by and between the petitioner and the opposite party to withdraw
the cases instituted against each other.
3. That on
earlier occasion, the Petitioner did not communicate her facts before the
Learned Court therefore the Learned Court was pleased to pass necessary order
against the Opposite Party.
4. That the
Opposite Party preferred an appeal under Section 29 of the PWDV Act 2005,
before the Learned District Session Judge, at Alipore, South 24 Parganas,
challenging the proprietary & entirety of the Order dated 05-06-2024,
passed in Misc. Execution No. 462 of 2018, by this Learned Court. The said
Criminal Appeal has been registered as Cr. Appeal No. 156 of 2024, which has
been taken up for hearing on 02-07-2024, by the Learned District Session Judge,
at Alipore, South 24 Parganas, and thereby pleased to admit the said criminal
appeal with a direction to serve notices on the opposite parties therein, and
stayed the impugned Order dated 05-06-2024, passed in Misc. Execution no. 462
of 2018, by the Learned Chief Judicial Magistrate, at Alipore, South 24
Parganas on interim basis till next date. The next date fixed in the said
Criminal Appeal is on 27-08-2024.
Photostat
server copy of the Order dated 02-07-2024, passed in Criminal Appeal No. 156 of
2024, by the Learned District Session Judge, at Alipore, South 24 Parganas, is
annexed herewith and marked as Annexure – “A”
5. That on
27-08-2024, the Opposite Party placed his extension petition for extending the
stay order dated 02-07-2024, passed in Criminal Appeal No. 156 of 2024, by the
Learned District Session Judge, at Alipore, South 24 Parganas, which has duly
been considered and extended till the next dated fixed on 07/10/2024. The said
Criminal Appeal transferred to the Learned 17th Court of Additional
District Session Judge, Alipore, South 24 Parganas. The Petitioner herein has
been appeared in the said Criminal Appeal on 27-08-2024.
Photostat
server copy of the Order dated 27-08-2024, passed in Criminal Appeal No. 156 of
2024, by the Learned District Session Judge, at Alipore, South 24 Parganas, is
annexed herewith and marked as Annexure – “B”
6. in view of the
facts of the stay of the operation of the Order dated 05-06-2024, passed in
Misc. Execution No. 462 of 2018, by the Learned Chief Judicial Magistrate, at
Alipore, South 24 Parganas, in the said Criminal Appeal No. 156 of 2024, vide
Order dated 02-07-2024, and continuing by Order dated 27-08-2024. This Opposite
Party seeks the stay of the present proceeding in the interest of
administration of Justice.
7. That unless
the Order dated 02-07-2024 & 27-08-2024, passed in Criminal Appeal No. 156
of 2024, considered and taken on record in the present Execution proceeding,
the Opposite Party will highly prejudice and suffer with irreparable loss and
injury thereof.
8. That the preponderance
of balance of conveniences and inconveniences are in favour of the Opposite
Party.
9. That this
application is made bonafide and in the interest of administration of Justice.
It is therefore prayed that your
Honour would graciously be pleased to allow this application and to stayed the
present Execution proceeding till 07/10/2024, in pursuance of the Order dated 27-08-2024,
passed in Criminal Appeal No. 156 of 2024, by the Learned District Session
Judge, at Alipore, South 24 Parganas, in the interest of administration of
Justice, and /or to pass such other necessary order or orders, as your Honour
may deem, fit, and proper for the end of Justice.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
Affidavit
I, ShriVijaybhai M Narang alias
NarangVijaybhai, Son of Sri
MohanlalNarang 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 the Opposite Party 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 this application.
- That
the statements as made by me in the foregoing paragraphs in the application
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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