This is a jurisdictional writ petition challenging the construction of a disputed house where the petitioner had already filed an original suit for the identical relief. The court held that a writ would not be appropriate as an alternative civil remedy was pending.
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Court No. - 39
Case :- WRIT - C No. - 18770 of 2018
Petitioner :- Jagdish Kumar Yadav Respondent :- Pitambar Lal Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- Na
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The following relief has been claimed in this petition:-
"i) Issue a writ order or direction in the nature of mandamus commanding and directing to the respondent restrain the construction over the disputed house situated at Mohalla Kanjari Sarai, Temple of Biharo, District Moradabad is pending before the Civil Judge (Senior Division), Moradabad."
The petitioner has instituted Original Suit No.331 of 2009 for the same relief which is pending before the learned Civil Judge (Senior Division), Moradabad.
It will, therefore, not be appropriate for the Court to entertain this petition.
The petition is, accordingly, dismissed.
Order Date :- 25.5.2018 NSC
(Dilip Gupta, J.)
(Neeraj Tiwari, J.)
2 issues framed by the court
Whether the High Court should entertain the writ petition when the same relief is available as civil remedy via an original suit?
Whether a writ in the nature of mandamus should be issued to restrain construction pending before a Civil Judge?
Jagdish Kumar Yadav
Pitambar Lal
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
