Bhola Nath vs State Of U.P. & Ors. on 14 July, 2010

Chief Justice's Court

Case :- WRIT - C No. - 40266 of 2010

Petitioner :- Bhola Nath
Respondent :- State Of U.P. & Ors.
Petitioner Counsel :- Vibha Srivastava
Respondent Counsel :- C.S.C.

Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioner and the learned standing
counsel.

The contention raised is that inspite of the fact that the civil court has not
granted any injunction in favour of the contesting respondents the
petitioner is unable to proceed with the repairs of the house in dispute.
In para 4 of the writ petition it has been categorically stated that the civil
court is already seized of this matter in Civil Suit No. 177 of 2005.

In view of the aforesaid position we are not inclined to interfere under
Article 226 of the Constitution of India. It is open to the petitioner to
move an appropriate application under Order 39 Rule 1 of the C.P.C.
before the court concerned.

The writ petition is dismissed.

Order Date :- 14.7.2010
mna