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2025 DAILYLAW 125240 (ALL)

DWARIKA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

WRIC/1842/2025 · 2025-03-03

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12463-DB Court No. - 2 Case :- WRIT - C No. - 1842 of 2025 Petitioner :- Dwarika Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Kaushal Kishore Tewari,Shakti Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri Manish Singh Chauhan, Advocate has filed his power on behalf of the opposite party No.4 today in the Court, which is taken on record. Heard. The petitioner claims to have a temporary injunction dated 09.09.2024 in his favour, which according to him is being violated by the private opposite party No.4, who is defendant in the suit. An application in this regard to the police has also been submitted. Learned counsel for the opposite party No.4 says that the petitioner has already initiated proceedings before the Civil Court under Order 39 Rule 2A read with Section 151 CPC, thus, this Writ Petition simultaneously, is not maintainable. We dispose of this Writ Petition with a direction to the court below, where the Civil Suit No.334/2024 is pending, to dispose of the proceeding pending under Order 39 Rule 2A read with Section 151 CPC at the earliest. The opposite party No.4 shall cooperate in the same and if he does not do so then it is open for the court below to proceed as per law. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 3.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench