Md. Salauddin and Ors. v. Shyara Khatoon
Case brief
What is this about?
Petitioners challenged an order in a title suit via a writ petition. The court, relying on the Apex Court in Radhey Shyam, allowed time to convert the writ petition into a Civil Miscellaneous Petition, holding civil court orders are not amenable to Article 226 writs and such matters fall under Article 227.
What did the court decide?
Time granted to convert the writ petition into a Civil Miscellaneous Petition; registry directed to cooperate and list the case on priority.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4543 of 2014
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- Md. Salauddin Wife of Md. Salauddin Resident of Mohalla - Sabzibagh Gali, Darji Tola, P.S. Pirbahore, District - Patna
- Alisha Perween Daughter of Md. Salauddin null
- Isha Perveen Daughter of Md. Salauddin
- Md. ZafarMinor Son of Md. Salauddin
- Md. Salman Minor Son of Md. Salauddin Both under the guardianship of their natural father namley Md. Salauddin , Son of Md. Kallu Mian All resident of Mohalla- Sajbibagh Gali Darji Tola, P.S. Pirbahore, DistrictPatna.
... ... Petitioner/s
Versus
Shyara Khatoon Wife Of Md. Sirajuddin Resident Of Mohalla - Darji Tola, Sabjibagh, P.S. Pirbahore, District - Patna
... ... Respondent/s
Issues for consideration
3 issues framed by the court
Whether judicial orders of civil courts are amenable to writ jurisdiction under Article 226 of the Constitution.
Whether the scope of Article 227 of the Constitution is distinct from Article 226.
Whether a writ petition regarding a title suit should be converted into a Civil Miscellaneous petition.
Parties & counsel
- petitioner
Md. Salauddin
- respondent
Shyara Khatoon
Coram
Mohit Kumar Shah
Case details
As recorded by the court registry
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