Court No. - 39
Case :- WRIT - C No. - 2121 of 2019 Petitioner :- Aastha Kidney Care Services Pvt Ltd. Respondent :- Savitri Nursing Home And 2 Others Counsel for Petitioner :- Hare Krishna Mishra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Lawyers are on strike, therefore, no one is present.
The relief claimed in the writ petition is for a mandamus to the respondents no.2 & 3 to comply with the order of the Civil Judge (Senior Division), Deoria dated 01.12.2018.
It appears that by the order dated 01.12.2018, copy of which has been filed as Annexure-3 to the writ petition, the learned Civil Judge (Senior Division), Deoria, on the petitioner's application 6-Ga directed the parties to maintain status quo. The matter arises out of an agreement between Astha Kidney Care Services Pvt. Ltd. and Savitri Nursing Home.
In our opinion, if the judicial order of the Civil Judge (Senior Division), Deoria is not being complied with the petitioner has a judicial remedy under the Code of Civil Procedure and the Civil Court is competent enough to get its order implemented.
In any case, the writ petition seeking compliance of the order of the Civil Judge (Senior Division), Deoria is not maintainable and is accordingly dismissed.
Order Date :- 28.1.2019 N Tiwari