Court No. - 38
Case :- WRIT - C No. - 38363 of 2018 Petitioner :- Mohd. Shaban And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Mohammed Iftekhar Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioners claim that some private persons are interfering in the possession of the land of the petitioners for which they have already filed a suit in which interim injunction is also granted yet they are continuing to interfere.
In case, in spite of injunctions any private respondents, who are already parties in the suit, are interfering in the possession, the petitioners can file an application under Order XXXIX Rule 2A CPC. In a writ proceeding, such a direction cannot be issued.
The writ petition is mis-conceived and it is, accordingly, dismissed.
Order Date :- 26.11.2018 SKM
(Vivek Varma,J.) (Abhinava Upadhya,J.)