Court No. - 40
Case :- WRIT - C No. - 28923 of 2021 Petitioner :- Dhanraj Singh Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Rakesh Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Allegations in the writ petition are to the effect that despite an interim injunction granted to plaintiff petitioner in Original Suit No.93 of 2020, the private respondents are interfering with his possession and are violating the injunction order.
If that be so, remedy of the petitioner would be to institute appropriate proceedings under Order XXXIX Rule 2-A of the Code of Civil Procedure or to apply for initiation of action against the alleged violators in appropriate proceedings. A writ petition would not be the remedy, nor any direction is required to be issued, at the first instance.
Subject to the observations made above, this writ petition stands disposed off.
Order Date :- 17.12.2021 Anil