Research › Search › Judgment

High Court of Delhi · body

2023 DAILYLAW 7608 (DEL)

KAMLESH AND ANR v. SANTOSH KUMAR

CRL.M.C./9454/2023 · 2026-09-01

Madhu Jain

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010554482023 + CRL.M.C. 9454/2023 KAMLESH AND ANR .....Petitioners Through: Ms. Mishika Singh, Advocate. versus SANTOSH KUMAR .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 01.09.2026 1. This hearing has been done through hybrid mode. 2. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) has been filed on behalf of the petitioners, inter alia, seeking expeditious disposal of Execution Petition bearing Ex. Crl. 46/2022, filed on 07.02.2022 and pending before the learned Principal Judge, Family Court, South-West District, Dwarka, arising out of the order granting maintenance in favour of the petitioners and seeking the following reliefs:- “ a) Direct the Ld. Execution Court to dispose off the execution petition of the Petitioners in a time bound manner; b) Direct the Ld. Execution Court to get the warrants issued against the Respondent executed by the concerned police officials in a time bound manner; c) Direct the Ld. Execution Court to attach the salary of the Respondent for clearance of arrears of Rs.1,44,000/- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 09:59:38 as of December 2023 a) Pass any such orders as this Hon'ble Court may deem necessary in the interest of justice.” 3. Learned counsel for the petitioners submits that despite the execution petition having remained pending for a considerable period, and despite warrants having been issued against the Judgment Debtor on more than one occasion, the same have not been executed. It is further submitted that the Judgment Debtor is residing in the same building as the petitioners and, therefore, the warrants issued by the learned Executing Court have not been effectively executed despite the passage of considerable time. 4. In view of the aforesaid submissions and the facts and circumstances of the case, the learned Executing Court is requested to proceed with the execution petition expeditiously and in accordance with law. The learned Executing Court shall also take such steps as may be necessary and permissible in law for effective execution of the order/decree sought to be enforced. 5. With the aforesaid observations, the present petition is disposed of. 6. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 1, 2026/prg/P This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 09:59:38