Court No. - 38
Case :- WRIT - C No. - 24673 of 2018 Petitioner :- M/S Narayan Stone Mill And 3 Others Respondent :- District Magistrate Chitrakoot And 11 Others Counsel for Petitioner :- Anuruddh Chaturvedi,Rajiv Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
By means of this writ petition the petitioners have come to this Court submitting that they have filed an injunction suit with regard to Plot No. 208. The claim of the petitioners is that the respondents were trying to stretch road up to their Plot No. 203, therefore, the petitioners filed a suit for injunction being Suit No. 32 of 2017 in which an interim injunction appeared to have been granted in favour of the petitioners. Now it is claimed that in violation of the said interim injunction at the behest of Naib Tehsildar has drawn the chak road from the middle of the plot of the petitioners.
It is to be noted that the question involved is with regard to plot for which the petitioners have already filed a suit and an injunction order has been granted in their favour. If anybody is in violating the injunction order or any further order is required, the trial court before whom the suit is pending may consider the claim of the petitioners. In writ proceeding no such relief can be granted once the suit is pending.
The writ petition is misconceived and it is, accordingly, dismissed.
Order Date :- 31.7.2018 Sunil Kr. Gupta (Shashi Kant, J.) (Abhinava Upadhya, J.)