POONAM MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the petitioner would challenge the legality, validity and correctness of the impugned judgment and decree dated 8-10-2001 passed by the 8th Civil Judge Class - II, Bilaspur, in civil suit No.27-A/98 and the judgment and decree dated 28-2-2005 passed by the 4th Additional District Judge, Bilaspur, in civil appeal No.4-A/2002.

(2.) This petition was heard on 23-10-2018 on the question of maintainability of the writ petition.

(3.) Learned senior counsel appearing for the petitioner would refer to the decisions rendered by the Supreme Court in Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust, Virudhunagar v Chandran and Others AIR 2017 SC 1034, M/s Estralla Rubber v Dass Estate (Pvt.) Ltd. AIR 2001 SC 3295 and M/s Pepsi Foods Ltd. and another v Special Judicial Magistrate and Others AIR 1998 SC 128, to argue that there is no bar for this Court to examine the legality and validity of the judgment and decree of a civil Court in exercise of powers under Article 226 of the Constitution of India.