Pintu Mishra v. Madan Mohan Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1495 of 2016 ====================================================== Pintu Mishra .... .... Appellant/s

Versus

Madan Mohan Mishra .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shashi Nath Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner.

This application has been filed by the petitioner for issuance of a writ/direction to the Civil Judge-III, Madhubani to hear and dispose of Title Execution Case No.14 of 2015 expeditiously.

The Supreme Court in (2015) 5 Supreme Court Cases 423 (Radhey Shyam & Anr vs Chhabi Nath & Ors) has held that the control of working of subordinate courts in dealing with their judicial orders is exercised by way of appellate or revisional powers or power of superintendence under Article 227.While appellate or revisional jurisdiction is regulated by the statutes, power of superintendence under Article 227 is constitutional. Now, therefore, in view of this decision of the Supreme Court the order of the civil court is amenable to appellate jurisdiction or revisional jurisdiction under the Code or supervisory jurisdiction

Patna High Court C.Misc. No.1495 of 2016 (2) dt.22-12-2016 under Article 227 of the Constitution of India. Therefore, for blanket direction as claimed by the petitioner in this application, this application under Article 227 is not maintainable. Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U