AI Structured Summary
Not yet generated for this judgment
Judgment
K.C. Bhanu, J.—This appeal is directed against the order in I.A. No. 144 of 2010 in F.C.O.S. No. 46 of 2004 on the file of the Additional Metropolitan Sessions Judge for the Trial of JHCBBC-cum-Additional Family Court-cum-XXIII Additional Chief Judge, Hyderabad, dated 01.11.2010, whereunder and whereby the petition filed under Order IX Rule 13 read with Section 151 Code of CPC was dismissed as the Appellant has not complied with the order of the Court below in directing him to deposit 1/4th of the maintenance amount as claimed in E.P. No. 3 of 2010.
Heard the learned Counsel for the Appellant.
By the docket order dated 06.10.2010, the Appellant herein was directed by the Court below to deposit 1/4th of the maintenance amount as claimed in the execution petition, and for compliance, the matter was posted to 28.10.2010. As the said order has not been complied with even on the date of passing the impugned order i.e. 01.11.2010, the Court below dismissed the present petition. As the docket order dated 06.10.2010 has not been complied with, the impugned order does not warrant any interference from this Court.
However, the order of the Court below dated 06.10.2010, directing to deposit 1/4th of the maintenance amount, is kept under abeyance for a period of two weeks from today to enable the Appellant to deposit the said amount. In case, the Appellant fails to comply with the order of this Court, the Respondent can execute the decree.
The appeal is, accordingly, disposed of No order as to costs.