Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1810 of 2018 Petitioner :- Siddhant Agarwal Respondent :- Addl. Session Judge/F.T.C., Court No.2 Ghaziabad And Anr.
Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- Harish Kumar Srivastava Hon'ble Manoj Kumar Gupta,J.
The petitioner has filed the instant petition challenging the letter/order dated 17.1.2018 of the court below, seized of Execution Case No.41 of 2016. The impugned order is, in fact, a communication sent by the executing court to the Commissioner of Police, Faridabad directing him to make arrangement to ensure implementation of the earlier order dated 5.10.2016 passed in proceedings under Section 25 of the Guardian and Wards Act, 1890.
The direction given in the impugned communication is sought to be challenged on the ground that thereby the opposite party is compelling the petitioner to meet the minor at the house of some other person and which is not in the interest of the minor.
It is not disputed before this Court that the petitioner has already filed an application dated 6.3.2018 in which the said grievance as well as other grievances in respect of the direction issued by the impugned communication have already been raised.
Counsel for the contesting respondent points out that respondent no.2 has already filed objection on 28.3.2018 to the said application. It is common ground between the parties that the application dated 6.3.2018 has been fixed for disposal on 12.4.2018.
After some argument, counsel for the petitioner prayed for withdrawal of the instant petition with liberty to press the application filed before the executing court provided the second respondent is directed to cooperate in its disposal on the next date.
Learned counsel for the second respondent states that he has no objection in case the application is directed to be decided on the next date.
Accordingly, the executing court is directed to decide the application dated 6.3.2018 on the next date and if for some compelling reason, the matter is adjourned on that date, it is desirable that the executing court proceeds to decide the application by fixing short dates and preferably within next two weeks.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 29.3.2018 SL