HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12125 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicants and Sri K.K. Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the order dated 07.04.2023 passed by Civil Judge (Junior Division)/Judicial Magistrate, Court No. II, Aligarh in Execution Case No. 109 of 2021, Smt. Zeenat vs. Sirajuddin & 7 others, under Section 128 CrPC whereby recovery was issued against the applicants and impugned ex-parte order dated 16.03.2021 passed by the Additional Chief Judicial Magistrate, Court No.6, Aligarh in Case No.594 of 2018 (Smt. Zeenat vs. Sirajuddin & others), under Sections 12, 15, 19, 20, 21 and 22 of D.V. Act, P.S. Harduaganj, District Aligarh whereby imposed compensation of Rs.1 lakh against the applicants and awarded monthyly maintenance allowance Rs.10,000/- to O.P. No.2 and her two sons. 3. Learned A.G.A. has raised a preliminary objection regarding maintainability of the present proceeding, whereby interim compensation has been accorded by the Court of Additional Chief Judicial Magistrate, Court No.6, Aligarh, against which an appeal is maintainable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute the said fact, but he submits that the appeal would be barred by limitation. 5. Learned A.G.A. submits that the applicant may take all the legal and valid Versus Counsel for Applicant(s) : Devesh Kumar Shukla, Dharmesh Kumar Shukla Counsel for Opposite Party(s) : Anand Mohan Pandey, Deepak Sharma, G.A. Sirajuddin And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) ground for condonation of delay. 6. Having heard the submissions so made across the Bar, this Court is of the opinion that since a remedy lies of an appeal under Section 29 of the D.V. Act, thus this Court is not inclined to interfere in the present proceedings. However, liberty is accorded to the applicant to prefer an appeal before the forum as provided under Section 29 of the D.V. Act. 7. In the opinion of the Court, once an appeal is preferred taking all the grounds, which are permissible for condonation of delay, then this Court has no reason to disbelieve, that the same shall be decided with most expedition strictly in accordance with the law of the land. 8. With the above observations, the application stands disposed of. September 26, 2025 N.S.Rathour NA528 No. 12125 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad