Writ petitions cannot usurp the jurisdiction of civil courts; interim orders are contingent on transparency of relevant disputes.

JUDGMENT

The main reliefs sought for in this writ petition are as follows:

“ (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to give adequate and necessary protection to the life of the petitioner and their aids from the 3rd respondent, his men and agents while putting up the gate as per Exhibit P3order of this Hon’ble Court.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3 rd respondent to provide adequate protection for implementing Exhibit P3 order of this Hon’ble Court. “

2. The learned counsel for the petitioner submitted that pursuant to the filing of this writ petition and the interim order granted on 25.08.2025, necessary protection was granted to put up the gate and therefore, this writ petition has become infructuous.

3. The learned counsel for the 3rd respondent, however, submitted that the interim order was passed by this Court even before notice was issued to them and that the petitioner had suppressed the existence of a civil dispute between the petitioner, the 3^rd respondent and petitioner's husband. It was also submitted that an order of injunction, which ran contrary to the interim order of this Court, was not brought to the notice of this Court, and had it not been suppressed the interim order dated 25.08.2025 would not have been issued. It was however, submitted that, the civil court is seized of the real dispute and the issue can be agitated there.

4. Since the petitioner as the master of the suit submits that the matter has become infructuous, I am of the view that the writ petition can be dismissed as infructuous . However, it is recorded that the interim order dated 25.08.2025 or any order issued in this writ petition shall not stand in the way of the civil court from adjudicating any dispute pending between the parties. Needless to mention, if the civil court passes any order touching upon the dispute, the same shall prevail over the order dated 25.08.2025, and the parties will be at liberty to work out their remedies, in accordance with law.

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