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2024 Supreme(Online)(Pat) 2455

PATNA HIGH COURT
MOHIT KUMAR SHAH, J
Thakur Randhey Shyam Jee Birajman – Appellant
Versus
Heera Chandra Swarnkar – Respondent


Advocates:
Mr.Sanjay Sinha, Adv.

ORAL JUDGMENT

1. The present writ petition has been filed seeking the following relief(s) :-

“1.(i) Quashing the order dated 16.1.2016, passed in T.Exe. Case No.3/91 by Munsif-1st Begusarai, by which the learned Munsif dismissed the petition filed by the petitioner dated 6.4.2002, for amendment of Decree dated 30.8.1990 passed in Title Eviction Suit No.5/88 under section 153 read with 151 of C.P.C.”

2. The learned counsels for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no. 1067 of 2009 (Durga Devi v. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the case of Radhey Shyam and Another v. Chhabi Nath and Others, reported in (2015) 5 SCC 423, has held that judicial orders of the Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution of India and the ju

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