CRMP/581/2020
2021 Latest Caselaw 2194 HP

Cr.MP No.581 of 2020 in Cr.MMO No.70 of 2019

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17.3.2021 Present: None for the petitioner.

Mr. Kush Sharma, Advocate, for the respondents.

By way of instant communication dated 20.2.2020,

which has been registered as Cr.MP No.581 of 2020, prayer

has been made on behalf of learned Judicial Magistrate 1st

Class, Court No.3, Hamirpur, District Hamirpur, H.P., for

extension of time to comply with the judgment dated

18.12.2019, passed by this court in Cr.MP's Nos. 2196, 2197

and 2198 of 2019 in Cr.MMO's No. 70, 71 and 72 of 2019,

whereby this Court while clarifying that though by virtue of

Section 7(1)(a) of the Family Courts Act, Family Courts shall

have the power to exercise all the jurisdiction that was

hitherto exercised by the Civil court in respect of suits and

proceedings of the nature referred to in the explanation, but

that Family Court can exercise such powers (including

execution) only in respect of a suit or proceedings which

comes before it either by way of a statutory transfer or by

way of fresh institution as contemplated by Section 8 of the

Act, directed the Court below to decide the execution

petitions expeditiously, preferably within a period of two

months from today. It appears that court below has not been

able to do the needful within the time stipulated by this

court and as such, prayer has been made on behalf of learned

.

court below for extension of time.

Having perused the explanation rendered in the

application qua the delay in conclusion of the execution

petitions pending before the court below, this Court deems it

fit to grant further two months time to the learned Court

below to do the needful r in terms of judgment dated

18.12.2019. Ordered accordingly.

Registry is directed to apprise the learned court

below with regard to passing of the instant order, enabling

it to do the needful within stipulated time. The application

stands disposed of.

(Sandeep Sharma), Judge March 17, 2021 (shankar)