When High Court is seized of a matter, normally the lower courts must keep their hands off even in absence of a stay order

When High Court is seized of a matter, normally the lower courts must keep their hands off even in absence of a stay order

Kishor Bhikansingh Rajput Vs Preeti Kishor Rajput

Bombay HC, Aurangabad Bench

07/02/2007

Writ Petition No. 7502 of 2006

About/from the judgment:

Normally when the High Court is seized of the matter, it is expected of the subordinate courts to stay their hands away. It is difficult to understand as to what was the alarming urgency to proceed further and dismiss the Petition when the Learned Judge of the family Court was very much aware that the order dated 15th September 2006 was challenged before this Court, by the present Petitioner. No doubt the Learned Family Court is right that there was no stay from this Court. But as a matter of propriety and the Learned judge was very well aware about the pendency of the Petition before this Court, The Learned Judge ought to have stayed his hands away and waited till further orders were passed by this Court.

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