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2015 Supreme(All) 223

ASHWANI KUMAR MISHRA
THAKUR PRASAD – Appellant
Versus
BENI PRASAD (DEAD) BY LR’S – Respondent


Advocates:
Counsel :
S.C. Tripathi for the Petitioner; Atul Dayal for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—Present writ petition, filed under Article 226 of the Constitution of India, arises out of a judicial order passed by Civil Court. At the very outset, attention of this Court has been invited to a reference answered by the Hon’ble Supreme Court in Radhey Shyam and another v. Chhabi Nath and others, 2015(3) ADJ 210 (SC), wherein, it has been held as under in para 25 :

“25. Accordingly, we answer the question referred as follows :

“(i) Judicial orders of Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution;

(ii) Jurisdiction under Article 227 is distinct from jurisdiction from jurisdiction under Article 226.

Contrary view in Surya Dev Rai is overruled.”

2. Since large number of writ petitions, in the nature of certiorari and prohibition, arising out of judicial orders passed by Civil Courts, have been entertained by this Court, under Article 226 of the Constitution of India, many of which are pending, apart from the fact that such petitions are being regularly filed and entertained, as such, the issue assumes significance. Apart from learned counsel appearing for the petitioner, other learned members of Bar h
































































































































































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