S. Sridhar v. Honble District Judge Probate Jurisdiction, Calcutta And ORS.

OD 2 APO 77 of 2021 WPO 451 of 2020 IA GA No. 1 of 2021 GA No. 2 of 2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE (Vacation Bench) S. SRIDHAR

VERSUS

HON'BLE DISTRICT JUDGE-PROBATE JURISDICTION, CALCUTTA & ORS.

BEFORE:

The Hon'ble JUSTICE I.P.MUKERJI AND The Hon'ble JUSTICE SUBHASIS DASGUPTA Date : 7th May, 2021.

(via video conference) Appearance :

Mr. S.Sridhar (in person) The Court:- This proceeding is not appreciated by this court. No such grave illegality or irregularity in the proceedings of the subordinate court is shown so as to impel this court to exercise its writ jurisdiction and issue a writ in the nature of prohibition or certiorari.

If conduct of the proceedings by the learned judge is entertained in its writ jurisdiction of this court, it will open a floodgate for litigants and result in total obstruction of the judicial process. Hence, we see no reason to admit this appeal, far less pass any interim order.

We observe that it will be open to the appellant after the case is decided by the learned court below to take any point urged in this writ petition in the ground of appeal, if at all such ground is available.

The appeal and the stay application are dismissed. (I.P.MUKERJI,J.) (SUBHASIS DASGUTPA,J.) s.chandra