Single-paragraph order disposing of a writ petition for execution of an injunction order in a civil suit, directing compliance within police jurisdiction and civil court. Thin order.
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Court No. - 2
Case :- WRIT - C No. - 1888 of 2023
Petitioner :- Indrawati
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Others Counsel for Petitioner :- Ram Sewak,Akhilesh Kumar Srivastav,Rahul Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned State Counsel.
In effect, by instituting these proceedings under Article 226 of the Constitution of India the petitioner prays that the order of injunction dated 16.9.2011 passed in Regular Suit No. 529 of 2011, Indrawati v. Sheetla & ors., be executed.
From perusal of Annexure-1 to the writ petition it appears that appropriate direction for compliance of the order dated 16.9.2011 has already been issued by the Civil Judge, Kadipur, Sultanpur, to the Station House Officer (S.H.O.) of the Police Station concerned and accordingly we do not have any reason to believe as to why the S.H.O. concerned will not ensure compliance of the aforesaid order dated 16.9.2011 as also the order dated 15.7.2021 passed by the Civil Judge in Regular Suit No. 529 of 2011.
Accordingly, this writ petition is finally disposed of with the direction to all concerned to ensure compliance of the order dated 16.9.2011 passed by the learned Civil Judge and in case of breach of this order, it will be open to the petitioner to apprise the Civil Judge, where the civil suit is pending, by making appropriate application, who shall take appropriate decision and action thereon, which may be warranted under law, of course after affording adequate opportunity to all the parties in the suit.
The writ petition is disposed of in the aforesaid terms.
( Subhash Vidyarthi, J. ) ( Devendra Kumar Upadhyaya, J. )
Order Date :- 3.3.2023 A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
Indrawati
State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
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