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GANESH RAM MEENA
Satyendra Prakash – Appellant
Versus
Mahendra Prakash – Respondent
JUDGMENT
1. This instant writ petition has been filed by the petitioner under Article 227 of Constitution of India, challenging the order dated 07.02.2020, passed by the Board of Revenue, Ajmer in Second Appeal No.6040/2019 and order dated 16.09.2019, passed by the Revenue Appellate Authority, Jaipur in First appeal No.114/2016 & judgment dated 07.01.2015, passed by the Court of Sub-Divisional Officer, Jaipur-I, Jaipur (in short 'SDO') in Revenue Suit No.135/2004.
2. Mr. Satyendra Prakash, petitioner present in person, submits that the learned Courts below have not considered and appreciated the facts on record in proper manner. He further submits that the learned trial Court has passed the judgment and decree during the pendency of an interim order staying the proceedings before the trial Court by the Board of Revenue, Ajmer. 3. Facts on record are that a suit for declaration, partition and permanent injunction was filed by the respondent-party before the Court of SDO, Jaipur-I, Jaipur stating therein that both the parties are of the same family and have equal share in the land in question. The SDO Jaipur-I, Jaipur after framing the issues on the basis of the pleadings of the partie
The court ruled that appeals against orders made under Article 227 of the Constitution are not maintainable, emphasizing the jurisdictional distinction between Articles 226 and 227.
The power under Article 227 should be exercised sparingly and only in cases of grave dereliction of duty or miscarriage of justice.
The court emphasized the limited scope of interference under Article 227 and the need for supervisory correction in exercising jurisdiction.
The High Court under Article 227 should exercise supervisory powers cautiously, not substituting lower court decisions unless grave injustice is demonstrated.
Amendment of plaint - Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution.
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