Mallela Seetharamulamma v. The Honble Junior Civil Judge Suryapet,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.39532 of 2015 ORDER:

The prayer of the petitioners in this case is as under: "For all the reasons stated in the accompanying affidavit the petitioners herein pray that this Hon'ble court may be pleased to issue a Writ of Certiorari or any other appropriate Writ, Order or Direction declaring all the Directions/Adjudications/Process/Docket Orders from the date 11.08.2015 onwards held by the 1st Respondent in I.A.No.129 of 2015 and also in Original Suit O.S.No.5 of 2015 as arbitrary and with exceeding the court's jurisdiction, illegal and void and thus quashing "all such unlawful decisions/orders held by the 1st respondent, since 11.08.15 onwards and until up to proceedings when the 1st respondent obey this Hon'ble High Court final order in this Writ Petition, in I.A.No.129 of 2015 and also in O.S.No.5 of 2015 and also in Other I.As."

and pending the disposal of this W.P., this Hon'ble Court may be pleased to stay all further proceedings in O.S.No.5 of 2015 and also in all Interim Applications, related to the O.S.No.5 of 2015 on the file of the Junior Civil Judge, Suryapet and such order or other orders as this Hon'ble court may deem fit and proper and thus render justice. Otherwise, the petitioners would like to get Irreparable Injury(ies) and severe mental agony and also put more hardship besides loos of property." In the light of the law laid down by the Supreme Court in Radhey Shyam v. Chhabi Nath[1] to the effect that judicial orders of civil courts are not amenable to a Writ of Certiorari under Article 226 of the Constitution, this writ petition is not maintainable. The writ petition is accordingly dismissed on this short ground.

This order shall however not preclude the petitioners from taking recourse to appropriate remedies before the proper forum in accordance with law.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 20th January, 2016 IBL [1] (2015) 5 SCC 423