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2025 DAILYLAW 91399 (ALL)

ANKIT SHARMA v. JITENDRA KUMAR SHARMA @ GORELAL SHARMA

FAPL/676/2025 · 2025-09-09

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 676 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. Mr. Raj Kumar Sharma, learned advocate appears on behalf of appellant and submits, his client is the father seeking custody of his minor son aged about ten years, in wrongful custody of his maternal grand-father. Wrongful because, his client obtained order dated 9th December, 2023 from the National Lok Adalat. He filed for execution but by impugned order dated 5th August, 2025, the Family Court, in effect, refused to execute the order on modifying it to direct visitation. His client is aggrieved. The appeal was filed in time. Section 19 in Family Courts Act, 1984 provides for appeal to the High Court from a final order. An executing Court recording execution, discharge and satisfaction or otherwise are final orders that can be passed by it. Impugned is an interlocutory order. Appellant's grievance appears to be, the executing Court has gone beyond the decree. He can find his relief by civil miscellaneous writ petition. The appeal is not maintainable and stands dismissed. It will not prevent appellant from finding his remedy in law. (Arindam Sinha, J.) (Avnish Saxena,J.) September 10, 2025 Gurpreet Singh Versus Counsel for Appellant(s) : Raj Kumar Sharma, Sunil Kumar Counsel for Respondent(s) : Ankit Sharma .....Appellant(s) Jitendra Kumar Sharma @ Gorelal Sharma .....Respondent(s) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad