Ganesh Prasad v. Rajeshwar Prasad And 2 Ors.

Court No. - 2

Case :- WRIT - C No. - 15388 of 2015

Petitioner :- Ganesh Prasad Respondent :- Rajeshwar Prasad And 2 Ors. Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- Awadhesh Tiwari

Hon'ble Ashwani Kumar Mishra,J.

List of fresh cases have been revised. None appears for the petitioner to press this petition.

The present writ petition has been filed under Article 226 of the Constitution of India, challenging a judicial order passed by the Civil Court. Law has been settled by the Hon'ble Supreme Court in its judgment 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. Accordingly, the present petition under Article 226 of the Constitution of India is not maintainable and is dismissed.

However, the dismissal of the writ petition shall not prevent the petitioner from pursuing such other remedy, as may be available in law.

Order Date :- 25.3.2015 Ashok Kr.

Neutral Citation No. - 2015:AHC:38170