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2015 DIGILAW 552 (ALL)

MADAN SWAROOP SHROTRIYA v. UMA SHROTRIYA

2015-03-25

ASHWANI KUMAR MISHRA

body2015
JUDGMENT Hon'ble Ashwani Kumar Mishra,J. Present writ petition has? been filed? under Article 226 of the Constitution of India, challenging a? judicial order passed by the? Civil Court. Law has been settled by the Hon'ble Supreme Court in its judgment dated 26.2.2015, passed in Civil Appeal No. 2548 of 2009 connected with Special Leave Petition ( C) No. 25828 of 2013 Radhey Shyam and another Vs. Chhabi Nath and others, that judicial orders of civil court are not amenable to writ jurisdiction? under Article 226 of the Constitution of India, which has been followed? by this Court in Writ Petition No. 11761 of 2015 Thakur Prasad Vs. Beni Prasad( now deceased) and others, decided on 25.3.2015. Accordingly,? the present petition under Article 226 of the Constitution of India is not maintainable. Learned counsel for the petitioner, faced with the aforesaid proposition of law, comes up with the prayer to permit withdrawal of the writ petition with a liberty to file a petition under Article 227 of the Constitution of India. In view of the prayer made, the writ petition is permitted to be withdrawn with liberty, as prayed,? to the petitioner to pursue such other remedy, as may be available in law. Learned counsel for the petitioner undertakes to serve notice of such petition,? as and when filed,? upon Sri P.K. Jain, learned Senior counsel appearing for the respondents. Certified copies, annexed with the writ petition, shall be returned by the registry, after retaining its copies for the records. ——————