Allahabad High Court
SMT SUSHILA DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court directed the Additional Principal Judge, Family Court, Basti to expedite execution of the recovery warrant within two months.
Summary
The applicant, Smt Sushila Devi, filed an application under Section 529 of the Code of Civil Procedure seeking a direction to the Additional Principal Judge of the Family Court, Basti, to expedite the execution of a recovery warrant dated 13 January 2025 in case No. 61/11A/2023. The order-sheet indicated that the warrant remained in abeyance and had not been executed. The State's counsel raised no objection to expediting the matter. The court, after hearing counsel, directed the Family Court judge to complete execution of the warrant within two months. Consequently, the application was disposed of.
Issues considered
- Whether the Additional Principal Judge, Family Court should be directed to expedite execution of the recovery warrant under Section 529 of the CPC
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
Subjects
- execution of warrant
- family court
- expedition of recovery warrant
- Section 529
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2237 of 2026
Smt Sushila Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghvendra Pratap
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Sri Raghvendra Pratap, learned counsel for the applicant and
learned A.G.A. appearing for the State.
2. The instant application has been preferred by the applicant with a
prayer to direct the Additional Principal Judge, Family Court to expedite
the execution of recovery warrant dated 13.01.2025. pending before
Additional Principal Judge, Family Court, Basti in Case No. 61/11A/2023
(Sushila Devi Vs. Bablu), within stipulated time.
3. From perusal of the order-sheet dated 13.01.2025, it transpires that the
recovery warrant is still in abeyance and is yet to be fruitified.
4. Learned A.G.A. has no objection if the matter be expedited in the
interest of justice.
5. In view of the above, learned Additional Principal Judge, Family Court,
Basti is directed to expedite the execution of the aforesaid recovery
warrant, preferably within a period of two months.
6. With the aforesaid direction, petition stands disposed of.
(Prashant Mishra-I,J.)
May 5, 2026
A. Mandhani
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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