JUDGMENT :

R.D. DHANUKA, J.

1. Admit.

2. Mr. Vyas waives service for Respondent No.1. Mr. Dande waives service for Respondent No.2. By consent of parties, matter is taken up for final hearing.

3. The Appellant (Decree-holder) has filed this Appeal under Section 19 of the Family Court Act r/w. Section 96 and Order 41 of the Code of Civil Procedure, 1908 whereby impugning the judgment and order dated 24th July, 2015 passed by the Learned Family Court No.5 on Application below Exhibit ‘3’ filed by the Appellant for executing the order passed by this Court in Family Court Appeal No. 85 of 2003.

4. Some of the relevant facts for the purpose of deciding this Appeal are as under.

5. On 8th February, 1993, the Appellant married with Respondent No.1 according to the religious rituals of Hindu Law. On 16th October, 1998, the Appellant initiated the petition for restitution of conjugal rights against Respondent No.1 in the Family Court, Pune bearing PA No. 813/1998. In the said proceedings, Respondent No.1-Husband filed counter claim, inter alia, praying for divorce against the Appellant. On 3rd August, 1999, the Appellant filed application for maintenance in the PA No. 813/1998. The Family Court by an order dated 3rd August, 1999, awarded maintenance of Rs.1,000/- p.m. in favour of the Appellant. On 6th October, 1999 the Appellant challenged the said order of maintenance passed by the Family Court by filing Writ Petition No. 5672/1999 before this Court. This Court by an order dated 9th December, 1999 enhanced interim maintenance from Rs.1,000/- granted by the Family Court to Rs.10,000/- per month with effect from October, 1999 till disposal of PA NO. 813/1998.

6. On 26th November, 2000, the Family Court passed the judgment and decree and allowed the petition for restitution of conjugal rights filed by the Appellant and rejected the counter claim of Respondent No.1 for divorce. On 29th May, 2001, the Appellant filed a Petition No. C-55/2001 before the Family Court, Pune, inter alia, praying for lump sum permanent maintenance of Rs.10,00,000/- and for purchase of house Rs.15,00,000/-, aggregating to Rs.25,00,000/-. On 13th December, 2002, the Family Court passed an order in the Petition No. C-55/2001 and awarded maintenance of Rs.7,000/- p.m.

7. In the year 2003, the Appellant challenged the said order before this Court by preferring Family Court Appeal No. 85 of 2003. Respondent No.1 did not challenge the said order dated 13th December, 2002 passed by the Family Court in Petition No. C-55/2001 awarding maintenance of Rs.7,000/- in favour of the Appellant.

8. On 1st February, 2003 since Respondent No.1 neglected to pay the maintenance amount as per order of this Court, the Appellant preferred Execution Application bearing Darkhast No. 23/2003 for execution of the judgment and decree and order dated 13th December, 2002 passed by this Court. In the said proceedings, the property of Respondent No.1 was attached for the amount of the maintenance due till then. The Appellant also preferred execution proceeding for execution of the Judgment and decree and order dated 13th December, 2002 passed by the Family Court granting maintenance at the rate of Rs.7,000/- p.m.

9. On 7th November, 2003, Respondent No.2 Bank intervened in the said execution proceedings and objected for attachment of the said property belonging to Respondent No.1 and claimed exclusive rights on the said property. On 7th November, 2003, the Family Court, Pune rejected the claim of Respondent No.2 Bank and held that the dues of the Appellant has got priority over claim of Respondent No.2 Bank. Respondent No.2 did not challenge the said order dated 7th November, 2003 passed by the Family Court.

10. On 25th November, 2003, the Appellant preferred Civil Application No. 8/2004 in Family Court Appeal No. 55/2003 and prayed that charge of maintenance be placed on the property belonging to Respondent No.1, known as Aram Fast Food and Snack Bar at Pune. On 8th July, 2004, application for creation