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2025 DAILYLAW 94357 (ALL)

SMT PHOOLMATI AND ANOTHER v. STATE OF U.P. AND 22 OTHERS

WRIC/33516/2025 · 2025-10-06

Ajit Kumar, Swarupama Chaturvedi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33516 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Nimai Srivastava, learned counsel appearing for the petitioners and learned Standing Counsel for the State respondents. 2. Petitioners have approached this Court invoking its extraordinary jurisdiction under Article 226 of the Constitution to get a judgement and decree dated 13.10.2022 passed by Additional Civil Judge, Court No. 10, Prayagraj in Original Suit No. 2906 of 2017 for permanent prohibitory injunction enforced. 3. In our considered view, if the decree is to be enforced pursuant to a judgement against a judgement debtor, then proper course is to file an execution case against the judgement debtor. A writ of mandamus cannot be issued at this stage for enforcement of a decree when alternative efficacious remedy of execution under Code of Civil Procedure is prescribed and is available to the petitioner. 4. In the circumstances, we decline to grant indulgence in this petition. However, liberty rests with the petitioners to apply for execution, if so advised. 5. Subject to aforesaid liberty, the writ petition is consigned to records. October 7, 2025 Kirti Versus Counsel for Petitioner(s) : Nimai Srivastava, Rakesh Kumar Srivastava Counsel for Respondent(s) : C.S.C. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Smt Phoolmati And Another .....Petitioner(s) State Of U.P. And 22 Others .....Respondent(s) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad