Can a writ of mandamus be filed directing district court.

Tilak Marg Forum for Legal Questions Forums Civil Law Can a writ of mandamus be filed directing district court.

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 5 months, 2 weeks ago.

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  • #4646

    Respected sir,

    I have filed a civil suit and praying for temporary injunction. However except after notice, not a single hearing has taken place always it gets cancelled due to strike, judge on leave etc. The injunction is needed as my fundamental right is being violated by the private party. I have the following question –

    1. Can i file a writ under article 226 in high court praying for a temporary injunction (my case is prima facie strong)?

    2. What other action/recourse can i take as the district court has been mismanaging my matter.

    Thanking you
    Sarthak Nayar

  • #4653

    As far as I understand, the high court may not entertain your writ petition under Article 226 of the Constitution in respect of a civil matter which is pending in a suit before the civil court. Yours may not be the only case where delay is being caused. There are more than 3 crore cases pending in different courts in India. Most of the litigants are suffering because of delays in courts.

    If you want you can try to seek a direction from the high court for expediting your case, though the chances of the high court entertaining such petition would be very less. But, as far as getting a temporary injunction directly from the high court in a writ petition is concerned, I don’t think that would be possible since it is a civil matter and there is an alternative remedy available in the civil court.

    On the other hand, you can try to get such temporary injunction from the civil court itself, and if it is refused, then you can challenge such refusal order itself in the higher court.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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