(1.) Petitioner is before this Court assailing the order dated 05.07.2018 passed by the Additional District Judge/Fast Track Court no.2, Azamgarh in Civil Appeal no.287/1994 (Satguru Vs. Saraswati) arising out of Original Suit no.15 of 1988 (Satguru Saran Vs. Satguru Sewak), whereby, the application moved by the petitioner under Order 26, Rule 9 C.P.C. bearing paper no.142Ga-2 was rejected.
(2.) Learned counsel for the petitioner could not point out any manifest error apparent on the face of record in the order impugned whereas the Appellate Court while passing the order impugned has clearly proceeded to observe that the suit for partition has been filed and there is no dispute regarding possession over the plot in question and the same was partly allowed and thereafter the appeal in question has been preferred in the year 1994, wherein, the application under Order Rule 26 Rule 9 C.P.C. was moved belatedly, which was subsequently rejected by holding that the same is just for the purpose of delaying the proceedings of appeal and as such, this Court does not find any infirmity or illegality in the order impugned so as to justify interference by this Court in extra ordinary jurisdiction under Art. 227 of the Constitution of India.
(3.) The Court below has recorded categorical findings of fact and unless these findings are shown perverse or contrary to record resulting in grave injustice to petitioner, in writ jurisdiction under Art. 227, this Court exercising restricted and narrow jurisdiction would not be justified in interfering with the same.
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