IVOR MONSURATE Vs. VENITA

JUDGEMENT

(1.) The petitioner - husband has filed these writ petitions against the order dated 31.07.2012 in Ex. Case No.19/2006 for order of attachment of immovable property as mentioned in the application dated 24.11.2011 and the order dated 24.06.2015 rejecting the application filed by the petitioner to recall the order dated 31.07.2012.

(2.) The respondent-wife filed M.C.No.1289/2004 for judicial separation raising various grounds. The same was opposed by the present petitioner. During the pendency of the proceedings, the Family Court by the order dated 30.05.2005 on the application in M.C.No.1289/2004 directed the present petitioner to pay a sum of Rs.50,000.00 per month to the respondent/wife as maintenance and Rs.50,000.00 towards litigation expenses. That was the subject matter of the writ petition before this Court in W.P.No.17327/2005. This Court after hearing both the parties dismissed the said writ petition as withdrawn in terms of the compromise petition as the parties have agreed to live together. Thereafter, the respondent/wife filed execution petition in Ex.P.No.19/2006 under Order XXI Rule 11 of Code of Civil Procedure and subsequently, the respondent has filed an application under Order XXI Rule 54 of Code of Civil Procedure for order of attachment for immovable property shown in the application on the ground that the present petitioner/judgment debtor is due and liable to pay a sum of Rs.10,62,899.00 towards arrears of maintenance.

(3.) The petitioner/judgment debtor though appeared before the Executing Court through his counsel, has not paid a single pie to the Decree Holder till the date of the order. Therefore, the attachment order has been passed. The present petitioner filed an application under Sec. 151 of Code of Civil Procedure in Ex.P.No.19/2006 on 29.3.2014 to recall the order dated 31.07.2012 issuing attachment warrant of immovable property. The said application was opposed by the wife by filing objections. The Executing Court, considering the applications and the objections, by the impugned order dated 24.6.2015 dismissed the said applications and ordered to continue the attachment. Hence, the present writ petitions are filed.