RAJENDRA KUMAR SINGH Vs. MUNSIF KASHIPUR

JUDGEMENT

(1.) D. K. Seth, J. Against resolution dated 22-7-1987 a suit, being Civil Suit No. 220 of 1987 was filed by the respondents wherein the impugned order of injunction dated 30-11-1987 was passed. The said order has been challenged on the ground that the Civil Court did not have jurisdiction to grant injunction in the matter.

(2.) RELYING upon the decision of Division Bench, Omkar Singh v. Regional Transport Authority, Bareilly and others, 1991 (17) ALR 564, it is submitted that the jurisdiction of the Civil Court is excluded in such matters. At the same time, in the Motor Vehicles Act 1988, by insertion of Section 94, the Civil Court jurisdiction has been specifically barred.

(3.) IN that view of the matter, the writ petition is allowed. The order, impugned in the present writ petition, is hereby set aside. No order as to costs. Petition allowed. .