A writ petition seeking enforcement of a civil court injunction was dismissed by the High Court as not maintainable, as the petitioner had an efficacious remedy available in Civil Court seeking execution under Order XXXIX Rule 2A CPC.
Writ petition disposed of; no enforcement of injunction via High Court writ.
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Neutral Citation No. - 2023:AHC:131453-DB
Court No. - 40
Case :- WRIT - C No. - 18825 of 2023
Petitioner :- Smt. Krishna Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahabir Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
Order Date :- 4.7.2023
A. Pandey
Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition is maintainable when the petitioner has an efficacious civil remedy under Order XXXIX Rule 2A CPC.
Whether discretion under Article 226 should be exercised when the petitioner has instituted civil proceedings.
2 provisions across 2 enactments
Smt. Krishna Devi
State Of U.P.
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
