Hon'ble Yogendra Kumar Sangal,J.
Learned standing counsel accepted notice on behalf of parties. No need to issue notice to the private parties.
Feeling aggrieved by the construction raised by the opposite parties No. 7 and 8, this writ petition has been preferred under Article 226. Learned trial court has ordered for grant of injunction vide order dated 26.04.2010 in pending Civil Suit No. 50/2010. In case if injunction order has been violated, appropriate remedy is available to the petitioners to move an application under Section 151 C.P.C. In order passed in a case reported in 2010 (28) LCD 637 Mohd. Hamja vs. Additional Civil Judge (S.D.) LKO and others, identical controversy has been dealt with.
Accordingly, there is no ground to interfere in writ jurisdiction under Article
226. However, it is provided that in case any application is moved under Section 151 C.P.C. within one week from today, that shall be adjudicated by the trial court. In the absence of trial court, concerned Magistrate shall look into the matter as urgent during the course of vacation, nominated by the District Judge.
Accordingly, writ petition is disposed of.
Order Date :- 17.6.2010 Rakesh