Court No. - 21
Case :- WRIT - C No. - 108 of 2021 Petitioner :- Gulab Kali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Singh,Yadu Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Abhishek Singh, learned counsel for the petitioner and Sri Devesh Vikram, learned Standing Counsel for the State- respondent.
The present writ petition has been preferred for mandamus commanding the respondents to ensure the compliance of the injunction order dated 7.5.1990 passed by the Additional Civil Judge (S.D.)/A.C.J.M., Court No.3, Allahabad in Suit No.1247 of 2019 (Gulab Kali Vs. Prakash Chandra).
At the very outset, Sri Devesh Vikram, learned Standing Counsel has raised an objection that in case, the injunction order dated 07.05.2019 is being flouted, the petitioner has got an efficacious remedy to file an appropriate application under Order 39 Rule 2-A C.P.C.
In the facts and circumstances, this Court is of the considered opinion that in the present writ petition, as has been framed and drawn, no relief can be extended to the petitioner. However, it is always open to the petitioner to press the relief before the appropriate Court.
With the aforesaid observation, the writ petition stands disposed of.
Order Date :- 8.1.2021 Ishan