The High Court dealt with a writ petition under Article 227 requesting direction to ensure enforcement of an earlier order by directing coercive measures.
Direction to the court below to adopt all coercive measures against respondent No.3 to ensure prompt compliance.
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Court No. - 49 Case :- MATTERS UNDER ARTICLE 227 No. - 3195 of 2018 Petitioner :- Reena Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sanjive Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sanjive Kumar Gupta, learned counsel for the petitioner and learned AGA for the State.
This petition has been filed for direction to the respondent no.3 to recover the amount of dues executing the order dated 23.12.2013, passed by the Principal Judge, Family Court, Budaun, as early as possible from respondent no.3 in Misc. Case No. 378 of 2013.
Learned counsel for the petitioner submits that despite repeated order having being passed by the Principal Judge, Family Court, Budaun, the attendance of the opposite party no.3 is not being secured.
According to the petitioner the orders passed by the learned court below have not been given effect to, because of the influence exercise, as the father of the opposite respondent No.3 who retired on the post of a inspector and therefore, he is able to avoid the process issued by the learned court below.
Learned counsel for the petitioner is permitted to correct the array of the parties.
Considering the fact that the trial has remained pending and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to adopt all coercive measures against the respondent No.3 to ensure prompt compliance of its orders.
Order Date :- 7.5.2018/VKG
1 issue framed by the court
Whether the High Court in writ jurisdiction should direct the lower court to adopt coercive measures to ensure compliance of its orders.
1 provisions across 1 enactments
Reena Devi
State Of U P
2 Others
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
