RAJENDER KAUR & ANR Vs. LABH KAUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioners against the order of the executing court dated 01.9.2006. The executing court by the impugned order dated 01.9.2006 has issued warrants of attachment against moveable property of judgments debtors/petitioners for recovery of the interim maintenance amount.

(2.) The facts of the case are that one Smt. Labh Kaur, the original plaintiff, filed a suit for maintenance against her husband Sh. Mehtab Singh, Sh. Jasjit Singh; her step-son, Smt. Rajender Kaur; her step-daughter-in-law and Sh. Surjeet Singh, her real son. Defendant no.5 in the suit namely Sh. Amit Paul, and who is the respondent in this petition, was the real son of the plaintiff Smt. Labh Kaur and he was sued as a proforma respondent in the suit.

(3.) In the suit for maintenance, an interim order was passed in favour of Smt. Labh Kaur on 13.1.2000, and the operative portion of the said order is para 3 and which reads as under:-