The High Court dismissed a writ petition seeking enforcement of a civil injunction order due to continuing obstruction. The court directed the petitioner to approach the civil court for appropriate relief instead of administrative intervention.
Petitioner permitted to avail remedy before the civil court in pending Original Suit No.442 of 2021.
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Court No. - 52
Case :- WRIT - C No. - 6102 of 2023
Petitioner :- Gauri Shankar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bashisth Narain Pandey Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
Heard Sri Sri Bhashisth Narain Pandey, learned counsel for the petitioner and learned Standing Counsel representing the Staterespondents.
It is contended by the petitioner that there is an order of injunction granted by Civil Judge (Junior Division), Basti in Original Suit No.442 of 2021 (Gauri Shankar Vs. Ram Sumer and others). However, the defendants of the said suit despite having knowledge of the same, are causing obstruction on the spot and, therefore, the petitioner has approached the District Magistrate, Basti with a grievance contained in his application dated 31.01.2023 for implementation of the order of injunction order on the spot.
Learned Standing Counsel submits that once civil suit is already pending, no interference on the administrative side can be made. Further, the petitioner has alternative remedy of filing appropriate application either for implementation of the injunction order before the civil court or an application under Order 39 Rule 2-A CPC for violation of the injunction order, as the case may be.
Having heard the learned counsel for the parties, this petition is disposed of permitting the petitioner to avail remedy before the civil court in the pending Original Suit No.442 of 2021 (Gauri Shankar Vs. Ram Sumer and others). In case such an application is filed, civil court concerned shall examine the same on its own merit.
Order Date :- 29.3.2023 AKShukla/-
Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad
Gauri Shankar
State Of U.P.
Kshitij Shailendra
As recorded by the court registry
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