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VIPIN SANGHI
Virendra Singh – Appellant
Versus
Kailashanand Giri – Respondent
JUDGMENT
Vipin Sanghi, CJ. - The present petition, under Article 227 of the Constitution of India, has been preferred by the petitioner to assail the order dated 21.12.2022 passed by the 1st Additional District Judge, Haridwar in MCA No. 50 of 2022, titled as Virendra Singh vs. Kailashanand Giri.
2. By the impugned order, the Interim Relief Application filed in the First Appeal preferred by the petitioner under Section 104, read with Order XLIII, Rule 1(r) of CPC, has been rejected.
3. The petitioner had preferred the Civil Suit to seek a perpetual injunction against the respondent/defendant against raising of construction by the respondent. The Trial Court, however, declined the injunction sought by the petitioner. Consequently, the petitioner preferred the aforesaid Appeal.
4. While the Appeal was pending, the prayer for interim injunction has been rejected by the Appellate Court by the impugned order dated 21.12.2022.
5. I have heard the learned counsel for the petitioner.
6. The present petition, under Article 227 of the Constitution of India, is not maintainable. Article 227 of the Constitution of India reads as follows:-
'227. Power of superintendence over all courts by the High Cou
The power of superintendence of the High Court over subordinate courts is to be exercised sparingly and only in appropriate cases to keep the Subordinate Courts within the bounds of their authorities....
The main legal point established in the judgment is the limited scope of the High Court's jurisdiction under Article 227 of the Constitution of India, emphasizing that the High Court cannot act as a ....
The High Court under Article 227 does not reconsider factual errors of inferior courts unless findings are perverse or unjust, maintaining supervisory authority without delving into case merits.
The High Court's supervisory jurisdiction under Article 227 is limited to ensuring subordinate courts act within their authority, not to correct mere errors of law or fact.
The main legal point established in the judgment is the scope of interference by the High Court under Article 227 of the Constitution of India, emphasizing the grounds for intervention and the limita....
The High Court's power under Article 227 is limited to instances of jurisdictional error by lower courts and cannot bypass existing appellate remedies.
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