The High Court dismissed a writ petition filed under Article 226 challenging an order of the Civil Court. The court held that such a writ was not maintainable to challenge the Civil Court's order.
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Court No. - 59 Case :- WRIT - C No. - 68089 of 2010 Petitioner :- Mohammad Arif Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Tripathi Counsel for Respondent :- C.S.C.,Amit Verma,Azim Ahmad Kazmi,C.V.S. Raghuvanshi,R.C.Singh
Hon'ble Surya Prakash Kesarwani,J.
List revised. Case called out. No one appears on behalf of the petitioner to press this petition.
Sri Azim Ahmad Kazmi, learned counsel for respondent No.2 is present.
This writ petition has been filed under Article 226 of the Constitution of India to challenge the order dated 19.08.2010 in Misc. Appeal No.66 of 2009 (Mohd. Arif Vs. Mohd. Kasim and others) passed by the Additional District Judge, Court No.5, Bijnor whereby the Misc. Appeal filed by the petitioner against the rejection of 6-C Application in Original Suit No.905 of 2005, was dismissed. The aforesaid suit was filed for permanent injunction against the co-sharer.
The writ petition filed under Article 226 of the Constitution of India is not maintainable to challenge the order of Civil Court in view of the law laid down by Hon'ble Supreme Court in the case of Radhey Shyam and another Vs. Chhabi Nath and others, 2015 (5) SCC 423. That apart, I do not find any error of law in the impugned order rejecting the 6-C Application.
Therefore, the writ petition is dismissed. The concerned court below shall decide the aforesaid Original Suit No.905 of 2005 (Mohd. Arif Vs. Mohd. Kasim and others) in accordance with law, expeditiously without being influenced by any of the observations made in this order.
Order Date :- 5.4.2019 Nitin Verma
Mohammad Arif
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
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