Writ Petitions under Article 226 cannot be used to execute civil court decrees directly.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(i) issue a direction to the 1^st and 2^nd respondents to act forthwith and take appropriate and necessary action to demolish the illegal construction done by the 3^rd and 4^th respondents by issuing a writ of mandamus or any other appropriate writ, order or direction;

(ii) Declare that the 1^st and 2^nd respondents are duty-bound to act on the representation submitted by the petitioner and to protect the life and property of the petitioner and her family.

(iii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to construct the retaining wall forthwith to avoid the danger posed to the petitioner and her family.

(iv) Direct the 3^rd and 4^th respondents to put back the building of the petitioner to safe and normal condition which is damaged due to the illegal act done by the respondents with the support of the 3^rd and 4^th respondents.

(v) To direct the 1^st respondent to prosecute the respondents 3 and 4 as per Rule 18 (4) of KMB Rules.

(vi) To dispense with the translation of exhibits in the vernacular. And (vii) grant such other and further reliefs as deemed by this Hon'ble Court fit and proper to grant in the facts and circumstances of this case."

[SIC]

2. From a perusal of the prayers in this Writ Petition, it is clear that the petitioner wants to execute a Civil court decree by filing a Writ Petition under Article 226 of the Constitution of India. I am of the considered opinion that, such a Writ Petition cannot be entertained. All the contentions raised by the pettioner are left open, and the petitioner is free to agitate the same before the jurisdictional execution court. If there is any urgency to the petitioner, the petitioner is free to file appropriate application before the execution court, and the execution court will do the needful in accordance with the law.

With the above osbervation, this Writ Petition is dismissed.

Sd/-