Allahabad High Court
RAJNATH RAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that no temporary injunction will be granted unless the petitioner files an urgency application within two weeks, as the appropriate remedy lies in the pending civil suit.
Summary
The petitioner, Rajnath Ram, filed a writ petition seeking a temporary injunction against private respondents who were allegedly interfering with his right to construct on a demolished structure he claims as his own. The petitioner had already instituted a civil suit on the same matter and argued that the respondents' actions should be restrained pending the suit. The Court observed that once a civil suit is pending, the appropriate remedy is to pursue that suit and not seek injunctions through a writ petition, unless there is an urgent necessity. Consequently, the Court declined to grant an immediate injunction but allowed the petitioner to file an urgency application within two weeks for a temporary injunction, which would then be decided after hearing the parties to the suit within two months. The petition was consequently disposed of.
Issues considered
- Whether a temporary injunction can be granted in a writ petition when a civil suit on the same cause of action is already pending
- Whether the petitioner is required to pursue the remedy available in the pending civil suit before seeking relief through a writ petition
Subjects
- injunction
- civil suit
- pending suit
- temporary injunction
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36465 of 2026
Rajnath Ram
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kashi Nath Singh Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
It is contended that the petitioner has already filed civil suit and since
there is no injunction order, private respondents are unnecessarily
interfering with the rights of the petitioner to raise constructions upon the
demolished structure, which according to him belongs to him.
Once the petitioner has already instituted a suit, he should pursue the
remedy available in the civil suit.
In the circumstances, we decline to grant indulgence in the matter.
However, we still provide that in the event petitioner approaches the court
with an urgency application within a period of two weeks from today, his
temporary injunction application shall be considered and disposed of in
accordance with law after hearing the parties to the suit within next two
months time.
With the aforesaid observations and directions, this petition stands
disposed of.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 21, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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