spb/- 1 wp518-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 518 OF 2011 Sou. Anita Raju @ Rajaram Jadhav & Anr. ... Petitioners . V/s. Shri Raju @ Rajaram Sahebrao Jadhav & Ors. ... Respondents. --- Mr. J.S. Kapre for the Petitioners. Mr. K.V. Saste, APP for the State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 13TH APRIL, 2011. P.C. 1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 This petition under Article 226 of the Constitution of India by which the petitioners have prayed for issuance of a writ of mandamus, directing the respondent no.2 to auction the properties of the respondent no.1 as described in the attachment and sale warrant issued by the Judicial Magistrate and recover the amount of maintenance of Rs. 1,18,615/- and deposit the same before the Judicial Magistrate, First, Class, Wadgaon Mawal in Criminal Misc. Application No. 11 of 2005. 3 The learned APP states on instructions from Rajesh Chawan, who is spb/- 2 wp518-11.sxw Tahasildar of Vadgaon Mawal, that auction of the properties pursuant to the sale and attachment warrant issued by the Judicial Magistrate, First Class, Vadgaon Mawal is fixed on 24.05.2011. Auction would be conducted on the aforesaid date and further steps in accordance with law would be taken as expeditiously as possible. Auction is in respect of the recovery of the amount of maintenance which has been awarded to the petitioners and we hope that the respondents would ensure prior compliance of the aforesaid sale warrant. 4 We accordingly allow this petition by making Rule absolute on the basis of the statement of the learned APP which we accept as an undertaking to the court. In the circumstances, there will be no orders as to cost. [M.N.GILANI,J.] [P.V. HARDAS, J.]