THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 10.04.2026 PASSED IN I.A. NO. I IN O.S. NO. 99 OF 2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MAGADI (PRODUCED AS ANNEXURE A).

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

Office has raised objection with regard to the maintainability of the writ petition as the petitioners without preferring an appeal have come before this Court by filing this writ petition.

Learned counsel for the petitioners submits that all these issues cannot be decided in the appeal, as such, the petitioners are constrained to come before this Court. Learned counsel had relied on the judgment of the Apex Court in case of Surya Dev Rai Vs. Ram Chander Rai and Others¹(2003) 6 SCC 675 at paragraph No.38(4) which reads thus:

(4) Supervisory jurisdiction under Article 227 of the Constitution is exercised for keeping the subordinate courts within the bounds of their jurisdiction. When the subordinate Court has assumed a jurisdiction which it does not have or has failed to exercise a jurisdiction which it does have or the jurisdiction though available is being exercised by the Court in a manner not permitted by law and failure of justice or grave injustice has occasioned thereby, the High Court may step in to exercise its supervisory jurisdiction.

Relying on this judgment, it is submitted that the writ petition is maintainable.

This Court is not able to appreciate the submission that is made by the petitioners that these issues cannot be decided by the Appellate Court in the M.A. The petitioners have to go before the Appellate Court and file an appropriate appeal. Hence, this Court is passing the following:

ORDER

i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail the appropriate remedy within a period of one week from the date of receipt of the copy of this order.

ii. All I.As. in this petition shall stand closed.