The Delhi High Court dismissed an appeal against a lower court's refusal to entertain a writ petition alleging violation of a civil injunction, holding that adequate remedies under the CPC exist.
The appeal fails and shall stand dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NEW KRISHNA EDUCATION SOCIETY (REGD.) .....Appellant
Through: Mr. Sameer Rohatgi, Mr. Namit Suri, Ms. Purnima Singh, Mr. Arjun Kaushal & Mr. Kartikey Singh, Advs.
versus
THE COMMISSIONER OF POLICE POLICE HEADQUARTERS & ORS. .....Respondents Through: Mr. Manoj Kumar Tyagi, SPC with Mr. Shekar Tyagi, Adv. for R- 1 & 2.
Ms. Shilpa Ohri, ASC for R-3. ASI Satish Kumar. SI Nagender & ASI Devender Singh, Pairvi Officers.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R % 20.09.2024
CM APPL. 55286/2024 (Ex.)
Allowed subject to all just exceptions.
Application stands disposed of.
CM APPL. 55285/2024 (4 days delay)
Bearing in mind the disclosures made, the delay of four days in
filing the appeal is condoned.
Application stands disposed of.
LPA 946/2024
Page 1 of 3
LPA 946/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 01:29:16
dated 14 August 2024 rendered by the learned Single Judge disposing of a writ petition which had been filed by the appellants alleging violation of a permanent injunction which had come to be granted. 2. That injunction which operated against the respondents reads as follows:
“15. In the given facts and circumstances, on the basis of the abovesaid discussion, I am of the view that no purpose shall be served in continuing with the present suit or allowing the parties to lead the evidence, when the allegations levelled by the plaintiff are not being disputed by the defendants there is no legal impediment to pass a decree under Order 12 rule 6 CPC. Plaintiff cannot be harassed to undergo the complete trial, hence, the application of plaintiff under Order 12 rule 6 read with section 151 of CPC is allowed. Accordingly, the present suit is decreed in favour of plaintiff and against defendants whereby defendants are directed to remove the illegal parking of vehicles/tempos and rehris/khomchas parked in front of the gate of the school as shown in green colour in the site plan and for looking into the same as not to let the encroachment further be done in front of the said gate. Defendants no. 1 is directed to look into the compliance of this order. Accordingly, the said application stands disposed off .
Page 2 of 3
LPA 946/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 01:29:16
passed by a civil court.
YASHWANT VARMA, J
RAVINDER DUDEJA, J
SEPTEMBER 20, 2024 /kk
Page 3 of 3
LPA 946/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 01:29:16
3 issues framed by the court
Whether sufficient legal remedies exist for enforcement of orders passed by a civil court that render a writ petition unnecessary.
Whether Order XXXIX Rule 2A of the Code of Civil Procedure applies to violations of permanent injunctions.
Whether the High Court is justified in refusing to interfere when adequate civil remedies are available.
3 provisions across 3 enactments
NEW KRISHNA EDUCATION SOCIETY (REGD.)
COMMISSIONER OF POLICE POLICE HEADQUARTERS & ORS.
YASHWANT VARMA
RAVINDER DUDEJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
