Court No. - 2
Case :- WRIT - C No. - 14880 of 2021 Petitioner :- Sant Lal Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi,Vinod Kumar Tiwari Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the parties.
Notice has not been issued to the fifth and sixth respondent in view of the order proposed to be passed.
Petitioner instituted a declaratory suit, wherein, injunction order came to be passed with respect to the suit property. It is urged that fifth respondent has transferred his share to the third party flouting the injunction order.
The instant petition has been filed directing the State respondents not to mutate the name of the vendee.
Learned standing counsel submits that petitioner has remedy by filing objection in the pending mutation proceeding and seek remedy under Order XXXIX Rule 2A of C.P.C. against the erring respondent. Learned counsel for the petitioner, on being confronted, does not dispute the proposition of law.
In view thereof, writ petition is disposed of as withdrawn with liberty to the petitioner to take remedy remedy before the appropriate forum in accordance with law, if so advised.
Order Date :- 19.8.2021 Mukesh Kr.