Chief Justice's Court
Case :- WRIT - C No. - 1825 of 2019 Petitioner :- Phoolwati And 2 Others Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Amrendra Pratap Singh,Saurabh Vishwakarma Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Chandra Dhari Singh,J.
This petition for writ is preferred to have compliance of the temporary injunction granted by the Court of Civil Judge (Junior Division), Jhansi on 31st May, 2018 in Original Suit No. 72 of 2010.
Suffice to mention that in the suit aforesaid, late Sri Durga Prasad, husband of the petitioner no. 1 and father of the petitioner nos. 2 and 3 was plaintiff. Sri Durga Prasad died on 1st of October, 2018. After death of the plaintiff, an application was filed by the petitioners for their substitution as plaintiff being legal heirs of the original plaintiff. An application was also filed by the original plaintiff on 17th July, 2018 as per provisions of Order 39 Rule 2A of the Code of Civil Procedure, 1908 and that is also pending consideration before the Court competent.
On asking, it is stated by learned counsel for the petitioners that an application for substitution of applicant has also been filed by the petitioners in the application aforesaid. According to the petitioners, though a direction has been given by the District Magistrate to ensure compliance of the temporary injunction and further to demolish the constructions already taken place in violation of the temporary injunction, but of no consequence.
Be that as it may, in view of the fact that the entire case is subject matter of a civil suit, we are not inclined to interfere with the same in writ jurisdiction. As a matter of fact, the petitioners are already availing an appropriate remedy by submitting an application under Order 39 Rule 2A of the Code of Civil Procedure, 1908 and, as such, for the same cause this petition for writ cannot be maintained.
The writ petition is dismissed. However, it is expected that the Civil Court shall consider and decide the application for substitution of applicant and also the application preferred as per provisions of Order 39 Rule 2A of the Code of Civil Procedure, 1908 expeditiously.
Order Date :- 22.1.2019/Rameez
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(Chandra Dhari Singh,J.) (Govind Mathur, C.J.)