High CourtsDivision Bench(2021) 09 J&K CK 0032

Lal Mohammad Jagal vs UT Of J&K And Others

Jammu And Kashmir High Court · Decided on 20 September 2021

HON’BLE JUDGES
Pankaj Mithal,CJ · Vinod Chatterji Koul, J
RESULT
Dismissed
CASE NUMBER
Latters Patent Appeal No. 115 Of 2021

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Judgment

6 paragraphs · 172 words
1.

Heard Mr Sajid Irfan, learned counsel for the petitioner/ appellant.

2.

The appeal is filed against the order dated 12.08.2021 by which the writ petition of the petitioner/ appellant has been dismissed as not maintainable with liberty to avail the appropriate remedy.

3.

A plain reading of the prayer made in the writ petition, reveals that the petitioner wants an order of injunction for which appropriate remedy is by way of a civil suit.

4.

The submission of learned counsel for the petitioner/ appellant is that he has already filed a civil suit and obtained an exparte decree but even then nothing has been done.

5.

In view of the above, if petitioner/ appellant has any decree in his favour, the appropriate remedy is to get it executed, if it is excutable in law.

6.

In the given facts and circumstances of the case, we are of the view that the writ court has not committed any error in dismissing the writ petition. Accordingly, the appeal lacks merit and is dismissed.