The High Court held that the procedure for implementing an interim injunction lies within the Code of Civil Procedure, thereby declining to entertain the writ petition seeking mandamus for the same.
Petitioner's prayer for mandamus to enforce the injunction order was dismissed.
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Court No. - 21
Case :- WRIT - C No. - 31543 of 2022
Petitioner :- Siyaram Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Deepak Singh,Navin Kumar Srivastava Counsel for Respondent :- C.S.C.,Gopal Krishna Pandey
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed praying for a mandamus commanding the respondent to abide by the order of interim injunction dated 19.12.2020, passed by Civil Judge (Sr. Division), Jhansi in O.S. No. 556 of 2020 (Siyaram vs. Nagar Nigam & Others).
We are of considered opinion that the relief claimed is wholly misconceived, inasmuch as, the procedure for getting the order of injunction implemented, is provided under the Code of Civil Procedure itself.
We, in exercise of power under Article 226 of the Constitution, decline to entertain such a relief.
The petition is dismissed accordingly.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 18.10.2022 Jaideep/-
Digitally signed by JAIDEEP BANERJEE Date: 2022.10.18 15:08:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ court can entertain a petition commanding the respondent to abide by an interim injunction order in a Civil Court.
1 provisions across 1 enactments
Siyaram
State Of U P
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
