Court No. - 21
Case :- WRIT - C No. - 2985 of 2019 Petitioner :- Malti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atul Kumar Shahi,Ashish Pandey Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner has preferred this writ petition for a direction to be issued to the Sub Divisional Magistrate, Maharajganj, for compliance of the order dated 29.11.2018 passed by Civil Judge. No other submission has been made.
We have heard learned counsel for the petitioner and perused the record.
A writ of mandamus does not lie for the compliance of an order of the interim injunction passed by trial court in pending civil suit. In case the interim injunction is not complied with the appropriate remedy is provided under the Civil Procedure Code. Petitioner without approaching the Civil Court has rushed to this Court under Article 226 of the Constitution of India.
We are of the view that no interference can be made under Article 226 in the facts and circumstances of the case.
Accordingly, the writ petition is dismissed, leaving it open to the petitioner to move appropriate application or take recourse of such remedy which is available under the law.
Order Date :- 29.1.2019 P Kesari