(1.) This matter is taken up through Hybrid mode.
(2.) Petitioner in this writ petition seeks to assail the order dtd. 30/9/2022 (Annexure-4) passed by learned Judge, Family Court, Balasore in Execution Case No.13 of 2021, whereby it directed to issue warrant of arrest against the JDr. in exercise of power under Order XXI Rule 38 CPC.
(3.) It is submitted by learned counsel for the Petitioner that in view of provision under Sec. 18 of the Family Courts Act, 1984, the judgment / order of the Family Court shall be executed like a decree of the Civil Court. Thus, the provision of Order XXI CPC is applicable to the case at hand. Learned Family Court did not at all follow the procedure laid down therein. It is his contention that Khaira Police Station could not have been directed to execute the warrant of arrest as the Family Court is exercising power under Order XXI Rule 38 CPC.