Smt. Bhumika Mandalekar v. Raghunath Mandalekar

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 978 OF 2020 Smt. Bhumika Mandalekar, W/o Raghunath Mandalekar, aged about 51 years, Clerk, in the office of the S.D.O., Water Resources Department, "Hydro Metrology", No.8, near Pratappur Naka, Ambikapur, District Surguja (CG), present Address: Qtr. No.H-100, Irrigation Colony, Shanti Nagar, Raipur, Dist. Raipur (CG) ... Petitioner versus Raghunath Mandalekar, S/o Shri Nathu Mandalekar, aged about 51 years, occupation: Service, R/o Village Bishrampur, P.S. Bishrampur, Tehsil Surguja, District Surguja (CG), present Address: office of the Managing Director, SECL Office, Raigarh, District Raigarh (CG) ... Respondent For Petitioner :

Mr. Santosh Sahu, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board /05/2020 1.

The present Writ Petition has been filed by the Petitioner seeking compliance of the order passed by this Court on 3.9.2014 in First Appeal No. 9/2000.

2.

Perusal of record would show that the Petitioner in between had gone to the Family Court and there is also an order passed by the Family Court on 11.9.2017.

3.

No document has been brought on record nor is there any pleading to show that the order of the Family Court was ever challenged by the Petitioner. 4.

Given the said fact that the Petitioner having approached the Family Court and the Family Court having passed an order dated 11.9.2017 based on the order passed in First Appeal No. 9/2000, this Court is of the opinion that the present Writ Petition seeking compliance of the said order of the High Court would not be maintainable.

5.

Accordingly, reserving the right of the Petitioner to avail any other appropriate remedy under the law, if permissible, the Writ Petition stands dismissed.

Sd/- (P. Sam Koshy) /sharad/ JUDGE