The court dismissed a writ petition seeking compliance of a civil court's interim injunction order, holding that the petitioner had an alternative remedy under Order 39, Rule 2-A of the CPC.
Prayer for compliance of interim injunction order is dismissed.
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Court No. - 40
Case :- WRIT - C No. - 10526 of 2021
Petitioner :- Dheeraj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar,Brijendra Deo Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
The prayer in this petition is to command the second respondent (SubDivisional Magistrate, Tehsil Ghatampur, District- Kanpur Dehat) to comply with the order dated 06.02.2021 passed in Original Suit No. 39 of 2019.
As the order of which compliance is sought is an interim injunction order passed by a civil court in Suit No. 39 of 2019, any violation of the said order would give right to the aggrieved party to move application under Order 39, Rule 2-A of the Code of Civil Procedure.
Under the circumstances, the petitioner has an alternative remedy. The petition is therefore dismissed without prejudice to the right of the petitioner to take recourse to the alternative remedy.
Order Date :- 23.6.2021 Sunil Kr Tiwari
Dheeraj Kumar
State Of U.P.
Manoj Misra
Anil Kumar Ojha
As recorded by the court registry
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