RAHUL RAMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for setting aside the order dated 02.07.2013 passed by the learned Principal Judge, Family Court, Bhagalpur in Misc. Execution Case No.4 of 2013, by which the learned Principal Judge, Family Court, Bhagalpur has been pleased to direct attachment and sale of the properties both movable and immovable as per the details provided by the applicant-O.P. No.2 in her application filed before the court.

(2.) The petitioners are aggrieved by the impugned order; firstly, for the reason that the impugned order has been passed without issuing notice to the petitioners on the application filed by the opposite party no.2 and secondly, that the properties which have been ordered to be attached and sold are the self-acquired properties of the petitioner nos.2 and 3 who have got no concern with the Misc. Case No.129 of 2011.

(3.) Learned counsel submits that it is a matter of record that Misc. Case No.129 of 2011 has been filed under Section 125 Cr.P.C. by the opposite party no.2 claiming maintenance from the petitioner no.1. On the said application vide an ex-parte order dated 08.11.2012 (Annexure-2 to the present application), the learned Principal Judge, Family Court, Bhagalpur has been pleased to fix a sum of Rs.10,000/- as interim maintenance to the applicant/opposite party no.2 for her maintenance per month. Evidently, the said order dated 08.11.2012 is an ex-parte order against the petitioner no.1. It is the case of the petitioners that in the said Misc. Case No.129 of 2011, the petitioner no.1 has appeared and filed a petition on 03.09.2013 seeking leave of the learned Principal Judge, Family Court, Bhagalpur to allow the petitioner no.1 to contest the said case.