A division bench dismissed an intra-court appeal challenging a single bench's refusal to exercise writ jurisdiction under Constitutional Articles 226 and 227, holding such appeals are not maintainable based on existing judgments.
Intra-court appeal against the single bench order was dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
J U D G M E N T
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.147/2015
Pawan Kumar & Anr. Versus
Vimal Kumar & Anr.
Date of Judgment :: 12.03.2015
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. S.G. Ojha for the appellants
BY THE COURT :
By the order dated 18.11.2014, learned Single Bench refused to invoke extraordinary jurisdiction vested with this court as per Article 226 and 227 of the Constitution of India and dismissed the petition for writ preferred by the appellant-petitioner giving challenge to the order dated 12.11.2013 passed by a civil court. In view of the judgments of this court in Sukhdev S. Prakash Chandra, reported in 2010 (2) WLC (Raj.) 500 and Dharam Chand Vs. Kishan Gopal & Ors. [D.B. Civil Special Appeal (Writ) No.929/2006 decided on 19.11.2010], no intra court appeal is maintainable giving challenge to such an order. The appeal, therefore, is dismissed.
[JAISHREE THAKUR], J. [GOVIND MATHUR], J.
Pramod
2 issues framed by the court
Whether an intra-cour special appeal is maintainable challenging the rejection of a writ petition invoking Articles 226 and 227 of the Constitution of India.
Whether internal precedents allow entertaining appeals against single bench orders refusing extraordinary jurisdiction.
Colour shows how this judgement treated each authority
Sukhdev S. Prakash ChandraExplained¶11
Sukhdev S. Prakash Chandra
Dharam Chand Vs. Kishan Gopal & Ors.Explained¶11
Dharam Chand Vs. Kishan Gopal & Ors. [D.B. Civil Special Appeal (Writ) No.929/2006 decided on 19.11.2010]
Pawan Kumar & Anr.
Vimal Kumar & Anr.
GOVIND MATHUR
JAISHREE THAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
