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Judgment
12 paragraphs · 248 wordsManoj Kumar Tiwari, J
By means of this writ petition, petitioners have sought following reliefs:-
(i) A writ order or direction in the nature of mandamus commanding the respondents not to interfere with the peaceful possession of the Petitioners
without any judicial order and/or pass any such which this Hon’ble Court may deep fit and proper in the light of justice.
(ii) A writ order or direction in the nature of mandamus commanding the Respondent NO. 3 to decide the representation of the Petitioner no. 1
(Annexure No. 2) as expeditiously as possible and/or pass any such order which this Hon’ble Court may deep fit and proper in the light of justice.
From the perusal of the writ petition, it appears that a Civil Suit is pending between petitioners and respondent no. 4. Petitioners contend that they
have become owner of the property, by virtue of a Will, executed by their late father in their favour. Petitioners want a mandamus to be issued to the
respondents not to interfere in their peaceful possession over the property in question.
Since the parties are already before a competent Civil Court, which can adjudicate upon the rival claims made by the parties, therefore, any
interference by this Court at this stage is bound to prejudice the interest of the parties in the pending Civil Suit.
In such view of the matter, this Court declines to entertain this writ petition. Accordingly, writ petition fails and is hereby dismissed.