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Allahabad High Court

MUKESH BABUversusRAM NARESH AND 3 OTHERS

Decided

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

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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