Allahabad High Court
MUKESH BABUversusRAM NARESH AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that the petitioner’s remedy lies in filing an application under Order XXXIX Rule 2A of the CPC, not in a writ petition, and therefore dismissed the writ petition.
Summary
Mukesh Babu filed a writ petition in the Allahabad High Court seeking a restraining order against the respondents for allegedly violating an interim injunction granted by a trial court. The Court examined whether a writ petition was the appropriate remedy for such a breach. It held that the correct remedy is an application under Order XXXIX Rule 2A of the Civil Procedure Code. Consequently, the Court dismissed the writ petition, directing the petitioner to pursue the appropriate CPC application. No other relief was granted.
Issues considered
- Whether a writ petition is the appropriate remedy for alleged violation of an interim injunction granted by a trial court
- Whether the petitioner should instead file an application under Order XXXIX Rule 2A of the Civil Procedure Code
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 2A
Subjects
- writ petition
- interim injunction
- Civil Procedure Code
- Order XXXIX Rule 2A
- high court
- restraining order
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13260 of 2026
Mukesh Babu
.....Petitioner(s)
Versus
Ram Naresh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Kumar Pandey
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The present writ petition has been filed seeking a restrain order against
defendants-respondents who are alleged to have violated the interim
injunction order granted by trial court.
2. This Court finds that petitioner has remedy of filing an application
under Order XXXIX Rule 2A CPC.
3. The writ petition stands dismissed.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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