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Judgment
K. Bhakthavatsala, J.—The petitioner-judgment-debtor in Ex. No. 19 of 2008 on the file of Civil Judge (Junior Division), Gudibanda is before this Court praying for quashing the order dated 17-8-2009 passed in Ex. No. 19 of 2008 issuing arrest notice to the petitioner-judgment-debtor at Annexure-A.
The learned Counsel for the petitioner submits that the respondent is not the legally wedded wife and the judgment and decree passed in O.S. No. 78 of 2007 has been challenged by filing an appeal. But, the Executing Court has issued arrest notice to the judgment-debtor.
If the petitioner has filed an appeal challenging the judgment and decree passed in O.S. No. 78 of 2007, he is at liberty to take interim order staying the operation and execution of the decree. In the absence of stay in the appeal, there was no impediment to execute the decree and in issuing the arrest notice. The Trial Court has awarded maintenance in favour of the respondent against the petitioner. Since the petitioner has not paid the arrears of maintenance, she has filed execution petition and in that case, arrest notice has been issued. I see no illegality or infirmity in the impugned order.
In the result, the petition fails and it is dismissed.