BEN IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR W. P. (2271 No. foc) OF 2011. PETITIONER OBJECTOR ^.^••?<"^--'3' )^^N ':. .-•^C.^--;'t ...... .sy^ ..^~1 f Smt. Mamta @ Bhawna Dubey, D/o. Shri Jagbali Tiwari, aged about 30 years,R/o. Village Hardi, Post Adbhar, Tahsil Malkharouda, District Janjgir Champa(C. G.) VERSUS RESPONDENTS 1&V'^^<L°MAA"3> / : 1. Smt. Pratima Dubey, aged about 33 years, W/o. Shri Sharda Prasad Dubey, R/o. Champa, Tahsil Champa, District Janjgir-Charapa (C.G.) 2. VI— (U(i~i-a^)bliCfl^-3- Bhawna, aged about 19 years, D/o. Sharda Prasad Dubey, '^^. R/o. Champa, Tahsil Champa, Di'strict Janjgir-Champa (C.G.) Sharda Prasad Dubey, aged about 46 years, s/o. late Sunder lal Dubey, R/o.Village Hardi, Post Adbhar, P. S. Malkharouda, District Janjgir-Champa, (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA '<ts mGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra PETITIONER RESPONDENTS : WJt Petition (227) No. 709/2011 Smt. Mamta @ Bhawna Dubey Versus Smt. Pratima Dubey and others Appearance: Shri V.K. Pandey, counsel for the petitioner. WRIT PETITION UNDER ARTICLE 227 OF THE CQNSTITUTION OF INDIA ORAL ORDER (07.02.2011) This is a petition under Article 227 ofthe Constitiition oflndia seeking a direction to the Family Court to decide objection raised by the petitioner regarding the fact that the petitioner is the owner of subject land, .therefore the said land cannot be put to auction in 'execution oforder ofmaintenance passed by the Family Court. (2) On application preferred by respondents No.l and 2 under Section 125 of Cr.P.C., the Judicial Magistrate First Class, Janjgir passed the order in favour of said respondents on 20 July, 2000 granting compensation of Rs.1000/- to respondentNo.2. /- to the respondent No.l and (3) Upon failure ofthe husband to make payment oftfie amount the order has been put to execution and in the said proceedings the -~ subject land bearing Khasra No. 178 area 1.34 acre situated at Village Tata, Patwari Hatfca No,9, Tabsil and R.I., Malkharoda, District i1', —.^i,^.^ ^ "^ .S'lSBi. % J' •z-' Jaajgir-Champa has been attached and the process for auction sale of the sale land is in progress. Petitioner, claiming to be beneficiary of a will executed by Sumitra Bai, widow of Sunder Lal has raised an objection that fhe property is owned by her on account of said will and therefore the order of attachment and the proceeding for sale of the said land in auction is illegal therefore, she should be heard before passing orders on auction sale. (4) Admittedly, husband Sharda Prasad is the S/o late Sunder Lal and the executor ofthe will namely Sumitra Bai is the mother ofthe husband. The fact as to tfae genuineness of the will aiid the competency of the executor cannot be gone into in these execution proceedings pending before Family Court for execution of order passed under Section 125 Cr.P.C. (5) The petitioner has no locus to intervene in the execution proceeding however, if the petitioner so desires, she may prefer aad institute proceediags to get her ownership declared before the Court ofcompetentjurisdiction. (6) The instant writ petition is dismissed with the above observation. Sd//- Prashant Kumar e