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.

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 Court-

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

(2) Without prejudice to the generality of the foregoing provisions, the High Court may-

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:

Provided that any rules made, forms prescribed or tables settled under clause (2) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.'

7. The power of superintendence of the High Court over Courts subordinate to it is both administrative and judicial, but such power has to be exercised sparingly and only in appropriate cases to keep the Subordinate Courts within the bounds of their authorities.

8. The impugned order is an order passed by the learned 1st Additional District Judge, Haridwar in the exercise of his jurisdiction. There is no failure on the part of the learned 1st Additional District Judge, Haridwar to exercise his jurisdiction, and it cannot be said that by not granting the interim relief sought by the petitioner, he has exceeded the jurisdiction. Merely because no statutory Appeal is available to the petitioner, it does not follow that the petitioner can invoke Article 227 of the Constitution of India, and under the garb of Article 227, prefer a further Appeal to this Court.

9. For the aforesaid reasons, I am not inclined to entertain the present writ petition. The same is, accordingly, dismissed.