LEENA Vs. CHANDRAKANT ALIAS BALASAHEB ARJUNRAO CHAVAN

JUDGEMENT

(1.) THE appeal is filed against the order of the Executing Court below Exhibit- 1 in Regular Darkhast No. 88 of 1993 by the Ld. Principal Judge of the family Court No. 2, Pune.

(2.) ORIGINALLY Darkhast was filed in the Civil Court on 7th November, 1989 where, on account of establishment of the family Court, the judgment Debtor had objected to the transfer of Darkhast proceeding from Civil Court to Family Court, Pune. Instead of allowing the Civil Court to pass a transfer order with regard to the Darkhast proceedings, the decree holder withdrew that Darkhast from the Civil Court on 15th October, 1993 and filed Darkhast No. 83 of 1993 on 16th October, 1993.

(3.) IN this background, the objection is still taken on behalf of the Judgment Debtor that this Darkhast is to be filed straightway in the Family Court, and therefore, this being the execution of an order, which was passed by the Civil Court and not by the Family Court, the Family Court will not get jurisdiction to execute the order unless Darkhast was transferred to it by the Civil Court.