Court No. - 3
Case :- WRIT - C No. - 24992 of 2020 Petitioner :- Shiv Gopal @ Vishram Singh And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Dhruv Narayan Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
List of fresh cases has been revised. None is present for the petitioners to press the petition.
We have perused the record with the assistance of learned Standing Counsel, who represents the respondents 1, 2 and 3.
The prayer in this petition is command the respondent no.3 to restrain the respondents 4 to 10 from raising construction over the land during the pendency of O.S. No.652 of 1986 pending in the court of Civil Judge (Junior Division), Court No.26, Azmagarh between Shiv Gopal, etc. and Mahatam Singh, etc.
It appears from the pleadings that dispute is between co-sharers and the suit was decreed exparte in which an application for restoration was filed and the matter is pending.
Under the circumstances, if a suit is pending, the appropriate course for the petitioners is to seek for appropriate relief in the pending suit proceedings. We, therefore, decline to entertain this petition and exercise our writ jurisdiction but leave it open to the petitioners to take recourse to such other appropriate remedy, as may be advised.
Subject to above, the petition is dismissed.
Order Date :- 8.1.2021 AKShukla/-