Ziyamullah Khan Attaullah Khan v. Heena Naushin Ziyamullah Khan

2024:BHC-NAG:2230 7wp1214-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.1214 of 2024 ZIYAMULLAH KHAN ATTAULLAH KHAN VS HEENA NAUSHIN ZIYAMULLAH KHAN Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Mir R. Ali, Advocate for the Petitioner/s CORAM : ANIL S. KILOR, J.

DATED : 23.02.2024 1.

Heard.

2.

In this petition, a limited grievance is raised to the extent that the order of attachment of salary was passed by the 12th Jt. Judicial Magistrate First Class, Amravati on 15.07.2022 in PWDVA Exe.No.32 of 2021, directing to deduct 1/3rd amount of gross salary per month of the opponent, is continued to operate despite the fact that the arrears have already been recovered. 3.

It is submitted that the impugned order does not say to stop the deduction after recovery arrears of amount, hence, it is continued to operate till date and it is creating problems for the petitioner.

4.

Considering the limited grievance of the petitioner, it would be appropriate that the petitioner shall approach to the same court, for modification of the impugned order, change in circumstances namely, the arrears of have already been recovered and there is no amount payable by the petitioner. Accordingly, nd.thawre

7wp1214-24.odt the writ petition is disposed of with liberty to the petitioner to approach the same court seeking to modify the order dated 15.07.2022.

[ANIL S. KILOR, J.] nd.thawre