Court No. - 2 Case :- WRIT - C No. - 70313 of 2009 Petitioner :- Ram Kishan Respondent :- State Of U.P. & Others Petitioner Counsel :- Ratndeep Mishra Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner.
By this writ petition, the petitioner has prayed for a mandamus
directing the court below to decide the injunction application at the
earliest and further to direct the State Authorities to prevent the
illegal encroachments by the private respondents over the land in
question. The petitioner has already filed a civil suit being Suit No.
298/2009 which according to the petitioner has been entertained.
The petitioner has also filed an application for interim injunction
under Order 39 Rule 1 of the Code of Civil Procedure. The copy of
the order passed by the Civil Court on the injunction application
has not been brought on record.Learned counsel for the petitioner
submits that the injunction application has not yet been finally
decided.
Be as it may, the petitioner has to take his remedy in the suit in
accordance with the provisions of the Code of Civil Procedure. it
is open for the petitioner to file an appeal/revision, if an ex parte
interim injunction has not been granted. It is not a stage when this
court may entertain the writ petition.
The writ petition is dismissed with the observations aforesaid.
Order Date :- 7.1.2010
Jaideep/-