Smt. Deepa Sharma And ORS v. Stm. Suman Sharma And ORS

Patna High Court C.Misc. No.1006 of 2016 (2) dt.04-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1006 of 2016 ====================================================== Smt. Deepa Sharma & Ors .... .... Appellant/s

Versus

Stm. Suman Sharma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Siddharth Harsh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners.

2.

This application has been filed for issuance of appropriate writ, order, direction to the court below to dispose of the title suit No. 263 of 2012.

3.

It may be mentioned here that under Article 227 of the Constitution of India, the High Court never issue writ. It is settled proposition of law that the civil courts are not amenable to writ jurisdiction under Article 226 of the Constitution of India. So far jurisdiction under Article 227 of the Constitution of India is concerned, it is not original jurisdiction. In judicial side, the Court only examines the legality or otherwise of the order passed by the civil court if revision or appeal is barred. For the relief, claimed in this civil miscellaneous application, the supervisory jurisdiction under Article 227 of the Constitution of India cannot be exercised. Thus, this civil miscellaneous application is dismissed. brajesh/- (Mungeshwar Sahoo, J.) U