Allahabad High Court
PRADEEP KUMARversusSTATE OF U.P. AND 13 OTHERS
- Decided
Holding
The writ petition is dismissed as an inappropriate remedy; the petitioner must seek relief through an application under Order 39 Rule‑2A of the CPC.
Summary
Petitioner Pradeep Kumar filed a writ petition alleging that respondents 5 to 14 were violating an injunction order issued by the trial court in Suit No. 974 of 2025. The High Court examined whether a writ petition was the correct remedy to enforce the injunction. The Court held that the appropriate remedy is an application under Order 39 Rule‑2A of the Code of Civil Procedure, not a writ petition. Consequently, the writ petition was dismissed, with liberty to the petitioner to approach the civil court under the said provision. The decision underscores the principle that procedural remedies under the CPC must be pursued before resorting to writ jurisdiction.
Issues considered
- Whether a writ petition is the appropriate remedy to enforce compliance with an injunction order issued by a trial court
- Whether the petitioner should instead file an application under Order 39 Rule‑2A of the Code of Civil Procedure
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 2A
Subjects
- injunction
- contempt
- civil procedure
- writ petition
- Order 39 Rule 2A
- appropriate remedy
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17581 of 2026
Pradeep Kumar
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shyam Sunder Maurya
Counsel for Respondent(s) : C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State-respondents.
2. The grievance of the petitioner is despite there being an injunction order
passed by the Trial Court in Suit No.974 of 2025 against the respondent
nos.5 to 14, the respondent nos.5 to 14 are not abiding by the injunction
order.
3. If that be so, the appropriate remedy for the petitioner is to file an
application under Order 39 Rule-2A of C.P.C. and the writ petition is not an
appropriate remedy.
4. In such view of the fact, the writ petition is dismissed with the aforesaid
liberty.
May 6, 2026
Sattyarth
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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