The High Court dismissed a writ petition for permanent injunction against respondents interfering with land, holding that the relief was duplicative of a pending execution petition, thus barring parallel proceedings.
Liberty granted to prosecute the pending execution petition (E.P.No.93 of 2015).
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THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.42134 of 2015
ORDER:
Heard.
The petitioner obtained a decree, dated 07.04.2015, for permanent injunction against the District Collector, Chittoor District, as well as the Tahsildar, Chittoor Mandal and District, who are arrayed as respondents 3 and 6 in this Writ Petition. The said decree is also put into execution by the petitioner alleging disobedience of the permanent injunction orders by filing E.P.No.93 of 2015, which is pending before the Principal Junior Civil Judge, Chittoor District. While the said E.P. is pending, the petitioner filed the present Writ Petition seeking a direction against the alleged interference by the respondents with the subject land.
Since the relief sought for in the present Writ Petition is similar to the injunction decree obtained by the petitioner already which is under execution, there cannot be parallel proceedings. Hence, the present Writ Petition cannot be entertained.
The Writ Petition is accordingly dismissed giving liberty to the petitioner to prosecute the execution petition, as referred to above. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
___________________________ VILAS V.AFZULPURKAR, J
29.12.2015 KH
1 issue framed by the court
Whether a writ petition seeking injunction can be entertained when a similar relief is already being pursued via a pending execution petition.
The Petitioner
District Collector, Chittoor District
Tahsildar, Chittoor Mandal and District
VILAS V.AFZULPURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
