LAWS(UTN)-2021-12-142

HANSRAJ TUTEJA Vs. STATE OF UTTARAKHAD

Decided On December 22, 2021
Hansraj Tuteja Appellant
V/S
State Of Uttarakhad Respondents

JUDGEMENT

(1.) Heard Mr. Rajveer Singh, learned Counsel for the petitioner and Suyash Pant, learned Standing Counsel for the State.

(2.) In this case, the petitioner has prayed for issuance of a writ of mandamus directing the respondent no.1 & 2 to implement the judgment and order dtd. 30/3/2019 passed by the court of 2nd Additional Civil Judge (J/D), Haridwar in Civil Suit No. 96 of 2014.

(3.) By virtue of the aforesaid order in a proceeding decided ex parte injunction has been issued against one Rajesh God S/o Asharam God. In essence, the petitioner is seeking an execution of the decree of perpetual injunction passed by the learned Civil Judge (J/D), Haridwar. This is not an executing court. The petitioner has an alternative remedy of filing an application under Order 21 Rule 32 of the Code of Civil Procedure, 1908.