MAHESH SHARMA Vs. SAVITRI DEVI GOYAL AND ORS.

JUDGEMENT

(1.) What is challenged in this writ under Articles 226 and 227 of the Constitution of India is an order dated 5.2.2002, passed by VII Additional District Judge, Indore in Civil Suit No. 20-A/2002.

(2.) With utmost humility, if I may say so, I have not been able to appreciate the basis of this petition which has no triable issue both on facts and in law.

(3.) Firstly, if the petitioner is aggrieved by any interim order passed in civil suit filed by him, in Civil Court then his remedy to get rid of the said order is to file either Miscellaneous Appeal under Order 43, Rule 1 if an impugned order is appealable or file revision under Sec. 115 of C.P, Code as the case may be. In either case, I fail to appreciate as to how writ under Articles 226 and 227 of the Constitution of India can be filed against such order of Civil Court. Despite my repeated queries to learned Counsel for the petitioner to satisfy me oh this question about the maintainability of writ under Articles 226 and 227 of the Constitution of India, he was unable to satisfy me on this issue, or if I may say, I was not able to appreciate his submission on this issue.