SOHAN SINGH Vs. MASTER SAHIL VERMA AND ANOTHER

JUDGEMENT

(1.) (Oral) - This petition has been preferred with a prayer to quash the order dated 27.02.2015 (Annexure P-4) and warrants of attachment of salary, dated 27.12.2014 (Annexure P-6) and 28.02.2015 (Annexure P-7), passed by the learned Judicial Magistrate 1st Class, Court No. 7, Shimla in pending Execution Petition No. 18-4/2009 of Judicial Magistrate 1st Class, Court No. 4, Shimla (re-numbered as 57-4/2014/12 and 11-4/2015/12 of Judicial Magistrate 1st Class, Court No. 3, Shimla), filed for recovery of an amount of Rs. 42,000/-, on account of arrears of maintenance w.e.f. 17th November, 2006 till 17th February, 2009, in pursuance to maintenance awarded in favour of the respondents vide order dated 31.12.2008, passed in Criminal Case No. 72/4 of 2006, by Judicial Magistrate 1st Class, Court No. 4, Shimla.

(2.) I have heard learned Counsel for the parties and have also gone through the record.

(3.) It is evident form the record that a warrant of attachment, dated 9th September, 2013, was issued to D.D.O of the petitioner for recovery of Rs. 42,000/-, being an amount of arrears of maintenance allowance till 17.02.2009, with a direction to attach the 1/3rd amount from the salary of the petitioner every month and to remit the same to the Court till realization of total amount of Rs. 42,000/-.