NAINITAL, India, May 28 -- Uttarakhand High Court issued the following judgment/order May 5:
A perusal of the pleadings would reveal that a Civil Suit, registered as OS No. 22/2012, is already pending on the file of the learned Civil Judge (Junior Division) Vikasnagar, Dehradun, wherein the Suit came to be decreed in favour of the petitioner; and that subsequently, on account of persistent violations of the injunction order, another Suit, being Civil Suit No. 18/2025 came to be filed before the learned Civil Judge, (Junior Division), Vikasnagar, Dehradun, and the Court has been pleased to restrain the defendants therein by way of an interim injunction. Despite the interim injunction, there are consistent efforts to breach the order of injunction, and disobey the same.
2. If that be the set of allegations, then the remedy to the petitioner is by way of invocation of the provisions of Order 39 Rule 2A. The instant Writ Petition tantamounts to maintaining a parallel proceeding, despite the availability of an alternative and efficacious remedy.
3. The learned Senior Counsel appearing on behalf of the petitioner would submit that the complaint is not against the property, but against the person and body of the petitioner.
4. Be that as it may, the petitioner, being vested with an alternative and efficacious remedy, as noted supra, the instant Writ Petition cannot be prosecuted parallelly. In that view, the Writ Petition is disposed of in the above terms, by reserving liberty to the petitioner to initiate proceedings, as permissible under law.
As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed.
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