The single-judge Bench dismissed the writ petition as not maintainable, holding that judicial orders of civil courts regarding property are not amenable to Article 226 writ jurisdiction, especially when the issue is the subject of pending civil suits.
writ petition dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT PETITION No.41095 OF 2015
O R D E R :
Having regard to the law declared in Radhey Shyam and another v. Chhabi Nath and others that judicial orders of civil Courts are not amenable to Article 226 of the Constitution of India and the High Courts cannot entertain such issues, I am of the opinion that this Writ Petition is not maintainable since in affect the petitioner is seeking direction in respect of property which is subject matter of O.S.No.58 of 2012 on the file of Junior Civil Judge, Kuppam, Chittoor District.
Therefore, this Writ Petition is dismissed as not maintainable. There shall be no order as to costs.
Consequently, Miscellaneous Petitions pending if any, shall stand closed.
M.S. RAMACHANDRA RAO, J
18th December, 2015. gra
1 issue framed by the court
Whether the Court can exercise jurisdiction under Article 226 to issue direction in a property dispute that is the subject matter of pending civil proceedings.
Colour shows how this judgement treated each authority
Radhey Shyam and another v. Chhabi Nath and othersReferred¶4
Radhey Shyam and another v. Chhabi Nath and others
1 provisions across 1 enactments
M. S. Ramachandra Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
