HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33912 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Abdul Mateen, learned counsel for the petitioner as well as learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution, the petitioner has prayed for following relief: "(I) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 and 3 to restrain the respondent no. 4 to 7 for illegal occupation of petitioner's Gata No. 244 Gha, area 0.2530 hectare situated at Village Romapar, Pargana and Tehsil- Naugarh, District- Siddharth Nagar." 3. It is contended on behalf of the petitioner that against the private contesting respondents, petitioner has already filed a civil suit seeking permanent prohibitory injunction, in which temporary injunction application has already stood granted by the trial court on 08.05.2025, however, the respondents are still interfering with the possession of the petitioner and thus violating the temporary injunction order. It is further contended that temporary injunction order is still operating. 4. In the considered view of the court, petitioner has obtained temporary injunction in pending suit and the said order is being violated, the proper course for the petitioner is to file a miscellaneous application under Order 39 Rule 2A of the Code of Civil Procedure (CPC). 5. We, accordingly, while we decline to grant indulgence in the matter at this Versus Counsel for Petitioner(s) : Abdul Mateen Counsel for Respondent(s) : C.S.C. Safique .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) stage, we still provide that in the event petitioner moves such an application before the trial court concerned, the said court will consider the same and dispose of the same after putting the defendants to notice, who are violating the order of injunction passed by the trial court and will also ensure that local police authorities ensure compliance of order of injunction. 6. This petition stands disposed of accordingly. October 8, 2025 #Vikram/- WRIC No. 33912 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad