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2026 Supreme(Online)(MP) 123544

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Pranay Verma, J
Shivkali Singh – Appellant
Versus
Sangeeta Singh – Respondent
MISC. PETITION No. 4395 of 2019



Important Points

The Court permitted the conversion of a Miscellaneous Petition filed under Article 227 of the Constitution of India into a Writ Petition under Article 226 of the Constitution of India upon the request of the petitioner's counsel.

Subject

Civil - Procedural Law

Act Referred

Headnote

(A) Procedural Law - Conversion of Petition - Request to convert a Miscellaneous Petition under Article 227 of the Constitution of India into a Writ Petition under Article 226 of the Constitution of India is permissible and may be allowed by the Court. (Para 1, 2)

Issues: Whether the Miscellaneous Petition under Article 227 can be converted into a Writ Petition under Article 226.

Legal Category Hierarchy

  • practice and procedure
    • pleadings and amendments (Para 1, 3)
    • writ jurisdiction (Para 1, 2, 3)
  • constitutional law
    • constitutional remedies (Para 1, 2, 4)

Advocates:
For the Appellants/Petitioners: Jyoti Tiwari
For the Respondents: Devendra Kumar Sharma, Shailendra Singh

Table of Contents

1. Petitioner sought conversion of a petition filed under Article 227 into a writ petition under Article 226 of the Constitution of India. (Para 1 )

2. Counsel for the petitioner prayed for the conversion of the current miscellaneous petition into a writ petition. (Para 1 )

3. The court found the prayer to convert the petition under Article 227 to Article 226 of the Constitution of India to be maintainable and acceptable. (Para 2 )

4. Petitions filed under jurisdiction of Article 227 may be permitted to be converted into writ petitions under Article 226 upon the request of counsel. (Para 2 )

5. The court allowed the conversion, directed the office to amend the petition within three days, listed it for hearing, and disposed of the miscellaneous petition. (Para 2 , 3 , 4 )

6. Can a petition filed under Article 227 of the Constitution be converted into a writ petition under Article 226?

Yes, the court may allow a request by counsel to convert a miscellaneous petition filed under Article 227 of the Constitution of India into a writ petition under Article 226, provided that consequential amendments are carried out in the memo of the petition. (Para 1 , 2 )

ORDER

1. Learned counsel for the petitioner prays for conversion of this Miscellaneous Petition under Article 227 of the Constitution of India into a Writ Petition under Article226 of the Constitution of India.

2. Prayer is allowed and this Miscellaneous Petition under Article 227 of the Constitution of India is directed to be converted into a Writ Petition under Article 226 of the Constitution of India.

3. Office is directed to carry out the necessary amendment in the memo of petition within a period of three working days and to list the writ petition before the appropriate Bench.

4. This Miscellaneous Petition, is accordingly, disposed off.

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