Neutral Citation No. - 2025:AHC:86959 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1329 of 2025 Petitioner :- Sita Ram Nishad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Indra Deo Mishra,Pankaj Kumar Tiwari,Pradeep Kumar Shukla Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble J.J. Munir,J. 1. The petitioner, in substance, alleges that respondent no. 4 is violating a decree, passed by the learned Civil Judge, Junior Division (East), Allahabad dated 31.03.2023 in Original Suit No. 1809 of 2012, by raising constructions in plot no. 161/1 admeasuring 0.0680 hectares situate in Village- Bhageshar Dehali (Arail), Pargana- Arail, Tehsil- Karchhana, District- Prayagraj. 2. It is pointed out that respondent no. 4 is defendant no. 2 to Original Suit No. 1809 of 2012 decreed by the learned Civil Judge. An appeal from the said order, carried to the learned District Judge, Allahabad, has been heard and dismissed by the learned Additional District Judge, Court No. 21, Allahabad vide judgment and decree dated 29.04.2024. For the violation of a decree passed by the Civil Court, the petitioner, who is the decree holder, has his remedy in applying for execution of the decree of injunction under order XXI of the Code of Civil Procedure, 1908. 3. This Court, in the exercise of our writ jurisdiction, let alone a Public Interest Litigation, would not execute a decree of the Civil Court, unless on account of some very unusual circumstances the Civil Court is so much obstructed and resisted in the execution of its process, that this Court has to come to its aid by our mandamus. That is not the petitioner's case here. In any case, even if that were the case, the petitioner, being a party to the suit and a decree holder, would not be entitled to maintain a Public Interest Litigation. It could be a writ petition or a Matter under Article 227 of the Constitution on his own behalf. The petitioner is free to pursue his remedies before the learned Civil Judge in execution. However, this Court must remark that if the petitioner does avail his remedy and applies for execution, the Civil Judge ought to act with utmost promptitude and enforce his decree. This order has been passed on the supposition that there is no order of stay in a second appeal by this Court. 4. This Public Interest Litigation is disposed of with the above remarks. 5. Let this order be communicated to the learned Civil Judge, Junior Division (East), Allahabad through the learned District Judge, Allahabad by the Registrar (Compliance). Order Date :- 22.5.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad