Md. Murshid Alam v. Naziya Sahin

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7232 of 2016 ====================================================== Md. Murshid Alam .... .... Petitioner/s

Versus

Naziya Sahin .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-07-2016 Heard learned counsel, Mr. Abdul Manan, for the petitioner.

It appears that this application under Article 227 of the Constitution of India has been filed by the petitioner for issuance of writ of Mandamus or any other appropriate writ, order or direction commanding the learned court below to accept the compromise.

In view of the decision of the Supreme Court, (2015) 5 Supreme Court Cases 423 (Radhey Shyam & Anr vs Chhabi Nath & Ors) the Civil Courts are not amenable to writ jurisdiction of the High Court. Further in the case of Shalini Shaym Shetty & Anr. Vs. Rajendra Shankar Patil, (2010) 8 Supreme Court Cases 329 it has been held by the Supreme Court that High Court never issues writ under Article 227 of the Constitution of India.

Patna High Court CWJC No.7232 of 2016 (2) dt.19-07-2016 Therefore, this writ application is dismissed as not maintainable.

Harish/- (Mungeshwar Sahoo, J) U