HAJI AMA BHAT Vs. KHALIQ AHMAD

JUDGEMENT

(1.) Application for grant of injunction filed by the petitioner (plaintiff) before the trial court (Sub Judge, Shopian) has been disposed of vide order dated 28.10.2010 where-under parties have been directed to maintain status quo with regard to their possession over the suit land. Civil Miscellaneous Appeal preferred before the Court of District Judge, Shopian, against the said order has been dismissed vide order dated 16.5.2012.

(2.) Petitioner would have invoked the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure but same remedy is not now available as in terms of the amended Section 115 CPC because it is only against the orders, which are final or the orders which if would have been in favour of the aggrieved party would result in termination of the suit proceedings, the revision petition can be entertained. It is in the same background petitioner has filed the instant writ petition.

(3.) It is settled that curtailment of the power exercisable under Section 115 CPC, in view of its amendment, does not take away power of the High Court in invoking its supervisory or writ jurisdiction but for invoking such power, the aggrieved party has to carve out an exceptional case so as to show that the authorities have not acted within their limits or that invoking of such power is necessary so as to undo the injustice, otherwise to invoke or exercise such power shall negate the very purpose of the amendment in Section 115 CPC.