Kashi Nath vs Smt. Guldawadi And 6 Others
2017 Latest Caselaw 4216 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 
Case :- WRIT - C No. - 53952 of 2013
 
Petitioner :- Kashi Nath
 
Respondent :- Smt. Guldawadi And 6 Others
 
Counsel for Petitioner :- Udai Chandani
 
Counsel for Respondent :- Ajay K Singh,Ashish K Singh,S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Learned counsel for the respondent has raised objection regarding maintainability of the writ petition on the ground that in view of the law settled by the Apex Court in its judgement dated 26.2.2015, passed in Civil Appeal No.2548 of 2009 connected with Special Leave Petition (C) No.25828 of 2013 (Radhey Shyam and another Vs. Chhabi Nath and others) that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India, which has  been followed by this Court in Writ Petition No.11761 of 2015, Thakur Prasad Vs. Beni Prasad ( now deceased ) and others, decided  on 25.3.2015, the present petition under Article 226 of the Constitution of India is not maintainable.

Confronted with the situation, Sri Saurabh Adhikari, holding brief of Sri Udain Chandani, Advocate, learned counsel for the petitioner prays for and is granted one week time to study and address to the Court.

List this matter on 20.9.2017, peremptorily.

Order Date :- 11.9.2017

G.S