Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12831 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for petitioner and learned counsel for the respondents.
2. The grievance of the petitioner is that he has instituted Original Suit No.163 of 2025 (Ram Prakash Vs. Ram Onkar and others) in which he has obtained interim injunction order. However, despite there being an interim injunction order, private respondents are raising construction over the property in dispute.
3. According to the petitioner, he has already filed an application under Order 39 Rule 2A of C.P.C., which is pending consideration.
4. Since, the petitioner has already pursued appropriate remedy under law, therefore, two remedies cannot be pursued simultaneously under law.
5. Consequently, the writ petition being misconceived is hereby dismissed with liberty to the petitioner to pursue his pending application before the competent Civil Court. October 6, 2025 NS Versus Counsel for Petitioner(s) : Rajesh Kumar Singh Counsel for Respondent(s) : C.S.C., Pradip Kumar Rai, Rishi Kant Rai (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Ram Prakash .....Petitioner(s) The State Of Up And 10 Others .....Respondent(s) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad