Ram Dulare & Anr. v. Civil Judge Senior Division Court No. 41 Lko

A civil suit of the petitioner is pending against the private opposite parties wherein, as claimed, a temporary injunction order dated 09.02.2022 is operative. In spite of it and in violation of it, as alleged, the private opposite parties, who are said to be defendants in the suit have undertaken some construction on account of which, the petitioner filed an application under Section 151 C.P.C., however, neither the order sheet of the suit has been annexed nor the complete plaint has been annexed with this writ petition to enable us to ascertain as to whether the private opposite parties are defendants in the said suit. In any case, as the suit is pending, the petitioner can avail remedies prescribed before the court below where the suit proceedings are pending or seek such other remedies as may be permissible in law. We see no reason to entertain this petition for the relief prayed.

With the aforesaid observations, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 2.7.2025 -Piyush- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench