Girija Saran Srivastava vs State Of U.P.Thru Prin.Secy. Home ...
2021 Latest Caselaw 910 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 
Case :- MISC. BENCH No. - 809 of 2021
 
Petitioner :- Girija Saran Srivastava
 
Respondent :- State Of U.P.Thru Prin.Secy. Home Deptt. Lucknow & Ors.
 
Counsel for Petitioner :- Trishita Singh,Navneet Kumar Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Singh,J.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned Standing Counsel for respondent no. 1 to 3.

Through this petition, the mandamus has been sought commanding opposite parties to ensure the compliance of the judgment/decree dated 28.11.2016 passed in regular suit No. 1304 of 2015 "Vishwanath Saran Srivastava and others Vs. Girija Saran Srivastava and others" by the Civil Judge (Junior Division) Lucknow.

Learned Standing Counsel submits that appropriate course for the petitioner is to file execution case under Order 21 C.P.C. Writ petition for the above cause is not maintainable.

Considering the arguments of the parties, we are of the view that the petitioner has a remedy before the Civil Court, therefore, the writ petition is dismissed on the ground of statutory alternative remedy.

Order Date :- 13.1.2021

R.C.