Court dismissed art 226 writ petition seeking enforcement of ad-interim injunction, noting alternative remedy available under CPC. No further adjudication made.
Petition dismissed with direction to avail alternative remedy; no order as to costs.
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THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITIION No.2187 of 2018
ORDER:
Heard learned counsel for the petitioner and the learned Government Pleader for Home (Telangana).
In the present Writ Petition, petitioner is seeking enforcement of the ad-interim injunction order, dated 30.08.2013, in I.A.No.707 of 2017 in O.S.No.2114 of 2017, passed by the learned XX Junior Civil Judge, City Civil Court, Hyderabad.
In view of the alternative remedy available to the petitioner, under the Code of Civil Procedure, this Court does not feel it necessary to adjudicate the matter further under Article 226 of the Constitution of India.
Accordingly, the Writ Petition is disposed of, keeping it open for the petitioner to avail the alternative remedy available. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
_________________ A.V.SESHA SAI,J
12th February, 2018 Tsy
1 issue framed by the court
Whether art 226 wpetition can be entertained when alternative remedy exists under CPC.
2 provisions across 2 enactments
Petitioner
Government Pleader for Home (Telangana)
A.V.Sesha Sai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
