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2025 DAILYLAW 54744 (ALL)

AMAR NATH v. STATE OF U.P. AND 13 OTHERS

WRIC/16079/2025 · 2025-05-26

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90163-DB Court No. - 39 Case :- WRIT - C No. - 16079 of 2025 Petitioner :- Amar Nath Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Om Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr.Om Prakash Pandey, learned advocate appears on behalf of petitioner and submits, his client is constructing on his land. There was objection and dispute raised by private respondent nos.5 to 14. His client approached the civil Court and obtained order dated 7th August, 2024, restraining said respondents. Prayer of his client is for direction upon respondent nos.2 to 4 (the police) to restrain private respondents or in other words, to enforce compliance of said injunction order dated 7th August, 2024. 2. Mr.Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State and refers us to order dated 5th February, 2025 made by co-ordinate Bench in Writ-C no.41758 of 2024 (Kallu @ Shiv Kumar Singh and 4 others vs. State of UP and 6 others). Text of the order is reproduced below. "This is an utterly misconceived writ petition. Petitioner wants this Court to execute the order of injunction obtained by the petitioner in Original Suit No. 4073 of 2022. This Court is not the executing court for the injunction orders passed by the Civil Court. For execution of such order, remedy would be in accordance with the Code of Civil Procedure. Leaving it open for the petitioner to approach for execution of injunction before the competent forum, this writ petition is consigned to records." He relies on above order to submit, petitioner must obtain execution from the civil Court. 3. Petitioner is in possession of an order of injunction restraining private respondents. Rule 2-A under order-XXXIX in Code of Civil Procedure, 1908 provides for consequence of disobedience or breach of injunction. Petitioner can apply for direction being made by the civil Court to attach property of private respondents and for their detention in civil prison for the violation. 4. Petitioner will lodge specific complaint with the police on obstruction or disturbance by any person and, if the disturbance is by a person, who is party in the civil Suit, followed through by asking for enforcement from the Court. For the purpose, petitioner may produce website copy of our order before the police and thereafter the civil Court. 5. The writ petition is disposed of. Order Date :- 27.5.2025 LN Tripathi (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad