S. No. 12

Regular List

IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

OWP 367/2019 [WP(C) 1061/2019]

Ghulam Mustafa Bhat

…Petitioner(s)

Through: Mr Sheikh Mushtaq, Adv.

Vs.

Fayaz Ahmad Sofi

...Respondent(s)

Through:

None.

CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

ORDER

23.05.2022

Impugned in this petition, filed by the petitioner under Article 226

of Constitution of India, is an order dated 22^nd March, 2019 passed by the

Court of Civil Judge Jr. Division Munsiff Magam, (the Trial Court),

whereby the Trial Court has issued fresh interim directions qua the subject

suit shop.

From reading of the order, it clearly transpires that these directions

have been passed in terms of order 39 Rule1 & 2, and, therefore, the order

impugned is appealable before the District Judge. The petitioner instead

of availing of the statutory remedy of appeal provided under the Code of

Civil Procedure, has rushed to this Court, invoking the power of

superintendence of this Court, vested by virtue of Article 227 of the

Constitution of India. The legal parameters for interfering in the orders of

the Civil Court in the exercise of jurisdiction under Article 227 of

Constitution of India are well defined. Impugned order is assailed by the

petitioner both on facts and law, and, therefore, the appropriate authority

to adjudicate such questions would be the appellate authority, constituted

under the Code of Civil Procedure.

In view of the aforesaid, this petition is found not maintainable,

same is, accordingly, dismissed. It shall, however, remain open to the

petitioner to avail of the remedy of appeal before the District Judge

concerned.

In case petitioner avails of such remedy and files an appeal without

any further waste of time, the period spent by the petitioner in prosecuting

this petition shall be eschewed while computing the period of limitation.

(SANJEEV KUMAR)

JUDGE

SRINAGAR

23.05.2022

Hilal Ahmad