AI Overview...
- Writ Appeal of Under Article 227 - Not Maintainable
- Main Points and Insights:
- Several sources consistently affirm that appeals arising from interlocutory or original orders passed under Article 227 of the Constitution of India are generally not maintainable as writ appeals. Instead, such remedies are to be sought through a writ petition itself. For example, SAVITHA B. P. VS SUDHIR JAGADEESHAN - Karnataka, Mohan Lal VS Manohar Lal - Rajasthan, AGRICULTURAL PRODUCE MARKET COMMITTEE VS MAHAVIRSINH BHIMBHAI VALA - Gujarat, Kondiba Dhondiba Dalvi since deceased by his legal representatives Chandrabhagabai Kondiba Dalvi (Smt. ) & others VS Narayan Namdeo Nanware (Shri) - Bombay, Chhattisgarh Chemical Mill Mazdoor Sangh VS Director, Keystone Industries Ltd. - Chhattisgarh, Pratibha Acharya VS Kamlesh Mohan Shrivastava - Madhya Pradesh.
- The rationale is that Article 227 provides the High Court with supervisory powers over lower courts and tribunals, but it is not intended as a substitute for an appeal under specific statutory provisions. Therefore, appeals under Order 43, Rule 1(r) CPC or against interlocutory orders are often dismissed on grounds of non-maintainability SAVITHA B. P. VS SUDHIR JAGADEESHAN - Karnataka, Mohan Lal VS Manohar Lal - Rajasthan.
- In some cases, courts have emphasized that unless the order falls within the scope of a statutory appeal or is a final order, invoking Article 227 or filing a writ appeal is not appropriate BHARAT LAL VS SRIOM - Rajasthan, Pratibha Acharya VS Kamlesh Mohan Shrivastava - Madhya Pradesh.
- The courts have also clarified that the maintainability depends on whether the controversy originated before the High Court or if the order is of a nature that permits an appeal. If the matter is purely interlocutory or procedural, a writ petition under Article 227 is the proper remedy, and a writ appeal is not maintainable Chhattisgarh Chemical Mill Mazdoor Sangh VS Director, Keystone Industries Ltd. - Chhattisgarh.
- Analysis and Conclusion:
- The consensus across the cited judgments is that writ appeals under Article 227 are generally not maintainable for challenging interlocutory or procedural orders. Instead, aggrieved parties should approach the High Court through a writ petition under Article 226 or 227, depending on the nature of the order.
- The courts have consistently held that Article 227's supervisory jurisdiction does not substitute statutory appeal remedies, and misusing it as an appellate remedy leads to dismissal of writ appeals as not maintainable SAVITHA B. P. VS SUDHIR JAGADEESHAN - Karnataka, Mohan Lal VS Manohar Lal - Rajasthan, Pratibha Acharya VS Kamlesh Mohan Shrivastava - Madhya Pradesh.
- Therefore, for effective legal remedy, parties should identify the correct procedural route—preferably filing a writ petition under Article 226/227 rather than a writ appeal—unless the law explicitly provides for an appeal against the specific order.
Search Results for "Writ Appeal of under Article 227 Not Maintainable"
• India - Gujarat High Court
Vijay Manohar Sahay, K.J. Thaker, JJ
Article 227 of the Constitution of India .
2015 0 Supreme(Kar) 27 • India - Karnataka
A.V.CHANDRASHEKARA
under Order 43, Rule 1(r) is not maintainable. ... 19(1) of Family Courts Act, 1984 or under Order 43, Rule 1(r) CPC or a writ petition under Article 227 of Constitution - Held, Appeal ... It should be by Writ Petition under Article 227 of Constitution. ... The appeal filed under Order XLIII Rule 1(r), C.P.C. challenging the interlocutory order passed by the Family Court, is not maintain....
2015 0 Supreme(Raj) 2028 • India - Rajasthan
AJIT SINGH, ARUN BHANSALI
appeal was not maintainable. ... was also dismissed as not maintainable based on the High Court's power of superintendence under Article 227 in eviction matters ... Final Decision: The appeal was dismissed as not maintainable. ... Having regard to the said judgment, this writ appeal is apparently not maintainable. The judgment in Jogendra s....
2013 0 Supreme(P&H) 713 • India - Punjab and Haryana
RAKESH KUMAR JAIN
the writ petition under Article 226/227 of the Constitution of India was not maintainable. ... under Article 226/227 of the Constitution of India was not maintainable. ... Ratio Decidendi: The court held that since an alternate remedy of appeal was available under the statute, the writ petition ... In this view of the matter, the petitioner has got an alternate remedy of appeal ....
2014 0 Supreme(Guj) 454 • India - Gujarat
VIJAY MANOHAR SAHAI, K.J.THAKER
petition should be essentially under Article 227 of the Constitution of India, and therefore, the Letters Patent Appeal would not ... of India, and therefore, the Letters Patent Appeal would not be maintainable. ... Finding of the Court: The court found that the appeal was not maintainable as the writ petition should have been essentially ... It has been held in the Five Judges' Full Bench of th....
2000 0 Supreme(Bom) 762 • India - Bombay
P.S.PATANKAR, S.A.BOBDE
Appeal held not maintainable. ... dismissed writ petition for setting aside the said order by the landlord under Article 226 also dismissed , Letters Patent Appeal ... against such order will not be maintainable. ... If the order passed by the Single Judge is only under Article 227 then a L.P.A. is not maintainable in view of the exclusion under Clause 15 viz. no appeal....
2007 0 Supreme(Chh) 393 • India - Chhattisgarh
J.BHALLA, D.DESHMUKH
Final Decision: The writ appeal was dismissed as not maintainable. ... a writ appeal is not maintainable if the controversy does not originate before the High Court. ... Finding of the Court: The court found that the writ appeal was not maintainable as the controversy did not originate ... In such circumstances in order to get finality, the....
2000 0 Supreme(Raj) 837 • India - Rajasthan
R.R.YADAV
The aggrieved party is entitled to file a writ petition under Article 227 of the constitution for remedy. ... Motor Vehicles rules, 1990, making the appeal not maintainable. ... The aggrieved party is entitled to file a writ petition under Article 227 of the constitution for remedy. ... Consequently, the instant appeal is hereby dismissed as not maintainable. Appeal#HL_....
1969 0 Supreme(Cal) 284 • India - Calcutta
CHANDRA NARAYAN LAIK, ANIL KUMAR SINHA
PREFERRED - WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION NOT MAINTAINABLE - LANDLORD NOT TREATED AS "ACCOUNTABLE PERSONS" ... Whether the petitioner could file a writ petition under Article 227 of the Constitution instead of filing an appeal under Section ... the Assistant Controller under Section 62(1)(a)(iv) of the Estate Duty Act, 1953, instead of filing a writ petition under A....
2020 0 Supreme(MP) 951 • India - Madhya Pradesh
SHEEL NAGU, RAJEEV KUMAR SHRIVASTAVA
appeal against such order is not maintainable. ... ) Adhiniyam, 2005 (M.P.) -- S. 2 (1) -- appeal -- maintainability -- order passed under Article 227 of Constitution of India -- Writ ... ¼3½ ts ,y ts 151 rFkk 2007 ¼4½ ,e ih ,p Vh 545 fufnZ"VA¼iSjk 9 Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal ... Consequently this appeal stands dismissed as not maintainable. ... Thus it goes without saying tha....
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