IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 26.08.2010 COCP No.1232 of 2010 Jang Singh ...Petitioner Versus Gurmeet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Harshit Jain, Advocate, with Jang Singh-petitioner. Mr. M.K.Singla, Advocate, with Gurmeet Singh-respondent. HEMANT GUPTA, J. (Oral) The petitioner filed an application for maintenance under the Hindu Maintenance and Adoption Act, 1956 and the said application was disposed of on the basis settlement on 26.04.2006, when the respondent agreed to pay a sum of Rs.1000/- per month to the petitioner herein. The grievance of the petitioner is that the said amount has not been paid to the petitioner and he has filed an execution petition as well. The said execution application has been dismissed in default for want of prosecution on 30.10.2009. The stand of the respondent is that certain amount was paid to the petitioner in cash, therefore, the amount of maintenance as awarded by the Court has been paid to the petitioner. After going through the orders passed as well as the facts and circumstances of the case, I find that the question; whether the petitioner has been paid certain amount or not, is subject matter of dispute and such COCP No.1232 of 2010 question should be left to be decided by the Executing Court. However, Mr. Singla has offered to deposit another sum of Rs.12,000/- as arrears of maintenance from September, 2009 till August, 2010 within a period of one week from today and has also agreed to deposit future monthly maintenance by 7th of each month before the learned trial Court. As and when the said amount is deposited by the respondent, the petitioner shall be at liberty to withdraw the same. In view of the fact that there is a dispute regarding arrears of maintenance, the order passed by the learned trial Court on 30.10.2009 dismissing the execution application for default, is set aside. The execution petition is ordered to be restored at its original number. The parties are directed to appear before the learned Executing Court on 20.09.2010 for further proceedings in accordance with law. With the said observations, the contempt petition stands disposed of. 26.08.2010 (HEMANT GUPTA) Vimal JUDGE 2