Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6333 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the petitioner and learned AGA for the State of U.P.
2. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. 3. The instant petition has been preferred seeking following main relief(s):-
"a) To issue an order or direction, directing to the learned Civil Judge (Junior Division)/ F.T.C., (The Protection of Woman from Domestic Violence Trail Court) to decide the execution application No.3591/2022, (Smt. Pooja V/s Ashish Kumar & Others), which moved against the order dated-14.09.2022, in case No 222 /2021 (Smt. Pooja Versus Ashish Kumar & Others), in under section 12, (The Protection of Woman from Domestic Violence Act). Which is pending since 18.10.2022, within a stipulated period as possible in the interest of justice."
4. It is submitted that for the reasons beyond control of the petitioner, the execution case, in issue, has yet not been decided, though, the same is pending since October, 2022 and on account of pendency of the same, the petitioner being a lady is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending execution case. 5. Considering the facts and circumstances of the case indicated in the petition including the period of pendency of the execution case in issue and also that as per Sub Section 5 of Section 12 of the Act of D.V. Act, 2005, the Magistrate concerned shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing, the present petition is disposed of with a direction to the Court concerned to consider and decide the execution case in issue, as indicated in prayer clause of this petition, quoted above, most expeditiously after affording full opportunity of hearing to the party(s) concerned. 6. t is made clear that the Court has not examined the merits of the case and the Court concerned shall be free to decide the case in issue strictly in accordance with law. 7. With the aforesaid, the instant petition is disposed of.
October 28, 2025 Arun/- Versus Counsel for Petitioner(s) : Rakesh Kumar Yadav Counsel for Respondent(s) :
(Saurabh Lavania,J.) Smt. Pooja .....Petitioner(s) Ashish Kumar And 3 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench