Court No. - 38
Case :- WRIT - C No. - 18612 of 2019 Petitioner :- Murat And Another Respondent :- Bhagwan Das @ Bhaggu And 4 Others Counsel for Petitioner :- Triloki Nath Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
By means of this writ petition, the petitioners have claimed that interim injunction was granted in Civil Suit No.520 of 2019 (Murat and another vs. Bhagwan Das and others) on 2.4.2019.
Learned counsel for the petitioners submits that the interim injunction is not being complied with by respondents no. 1, 2 and 3, and therefore, a direction be issued to the District Magistrate and Superintendent of Police to ensure the compliance of interim injunction restraining the private respondents from interfering in Arazi no.323, area 61 hectare. It is further submitted that in spite of the aforesaid injunction, the private respondents are still interfering.
It is to be noted that if the interim injunction is not being complied with by the private respondents, it is always open for the petitioners to apply under Order 39 Rule 2A of the Code of Civil Procedure, 1908.
It is submitted by learned counsel for the petitioners that a Division Bench of this Court in the case of "Jagannathiya vs. State of Uttar Pradesh" reported in 2006 (3) AWC 2600 has held that in case the interim injunction is not complied with, the civil court must ensure its compliance.
We are in agreement with the view expressed by the Division Bench of this Court. In case, the interim injunction is not being complied with, the petitioners have to approach the civil court for its compliance.
With the aforesaid observation, the petition is disposed of.
Order Date :- 29.5.2019 Rishabh
(Saurabh Shyam Shamshery, J.) (Abhinava Upadhya, J.)