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Neutral Citation No. - 2025:AHC:84296 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1369 of 2025 Applicant :- Nandani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed on behalf of the applicant to direct the court below to decide Execution Suit no. 169 of 2022 (In Original Suit No. 313 of 2012) (Nandani Versus Bheem) Under Section 128 Cr.P.C., District Azamagarh pending in the court of Additional Principle Judge Family court No. 001, Azamgarh.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. The applicant before this Court is the aggrieved daughter of opposite party no. 2 and a prayer has been made for the expeditious disposal of the aforesaid case under Section 128 Cr.P.C., pending before the Court of Additional Principle Judge Family court No. 001, Azamgarh.
4. It is submitted by the learned counsel for the applicant that earlier her application, under Section 128 Cr.P.C., was allowed by the Court vide judgement and order dated 08.04.2022 and opposite party no. 2 was directed to make some maintenance allowance in favor of the applicant, however, the said amount was not paid and an application for the execution of the aforesaid order was moved. The said application is still pending and opposite party no. 2 has appeared before the Court, however, no effective proceedings took place in this matter.
5. I have considered the submissions and perused the record.
6. In these facts and circumstances, the learned Trial Court is
directed to make all the possible endeavors for the expeditious disposal of the aforesaid case preferably, within six months, from the date of receiving certified copy of this order. It is further directed that no unnecessary adjournment will be sought/granted.
7. It is also made clear that the Court / Presiding Officer is not
the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.
8. With the above observations, the application stands disposed of.
Order Date :- 20.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad