The High Court dismissed a writ petition challenging a Civil Court order, holding it was not maintainable under Article 226, relying on Supreme Court precedent.
Writ petition dismissed.
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Court No. - 59
Case :- WRIT - C No. - 3424 of 2009
Petitioner :- Liyaqat Ali Respondent :- Smt. Mahtab Jahan And Others Counsel for Petitioner :- Mahtab Alam,M.A. Qadeer,Mohd. Waris Counsel for Respondent :- S.C.,Ashish Srivastava,Ramesh Singh,S.F. Ahmad,Shamshad Ahmad
Hon'ble Surya Prakash Kesarwani,J.
By interim order dated 28.01.2009, dispossession from the property in dispute of Execution Case No.12 of 1983 in pursuance of judgment and decree dated 14.05.1971 passed in Original Suit No.620 of 1968, was stayed till the next date of listing. Perusal of the order sheet shows that when the aforesaid petition was listed on 26.07.2013, 30.10.2013, 05.12.2018, 02.12.2018, 02.01.2019, 23.01.2019, the case was adjourned due to illness slip of learned counsel for the petitioner. On 01.02.2019, none appeared on behalf of the petitioner and, therefore, the case was adjourned. Today, again Sri Mahtab Alam, learned counsel for the petitioner has sent illness slip. Therefore, the illness slip is rejected.
That apart, a writ petition under Article 226 of the Constitution of India, is not maintainable to challenge the order passed by Civil Court as held by Hon'ble Supreme Court in the case of Radhey Shyam vs. Chhavi Nath, (2015) 5 SCC 423.
In view of the aforesaid, the writ petition is dismissed .
The Civil Misc. Application No.8 of 2018 dated 22.10.2018 for dismissal of writ petition, stands disposed of.
Order Date :- 11.3.2019 NLY
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable to challenge an order passed by a Civil Court.
Colour shows how this judgement treated each authority
Radhey Shyam vs. Chhavi NathApplied¶6
Radhey Shyam vs. Chhavi Nath, (2015) 5 SCC 423 · Who else cites this
1 provisions across 1 enactments
Liyaqat Ali
Smt. Mahtab Jahan
Surya Prakash Kesarwani
As recorded by the court registry
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