ABDUL MAJEED GANIE Vs. ABDUL RAHIM BHAT

JUDGEMENT

(1.) The petitioner has invoked extraordinary writ jurisdiction of this Court vested by Article 226 of the Constitution of India to issue a writ of certiorari to quash judgment and decree dtd. 13/11/2019 passed by the Court of learned Munsiff (Additional Special Mobile Magistrate), Beerwah ("the trial Court"] in file No.56/N titled Ab. Rahim Bhat and others v. Ab. Majeed Ganie. The petitioner also seeks quashment of execution petition filed before the trial Court for executing the impugned judgment and decree.

(2.) From reading of the writ petition, it transpires that while a civil suit for permanent prohibitory injunction filed by the respondents against the petitioner was pending adjudication in the trial Court, the parties entered into a compromise, which was reduced in writing in terms of deed executed on 25/10/2019. On the basis of this compromise deed and after recording statements of both the parties, the trial Court passed a compromise decree dtd. 13/11/2019. The decree was accepted by all the parties including the petitioner herein. It was only on 25/10/2021, almost three years after passing of the decree, the petitioner moved the trial Court by filing an application under Order 23 Rule 3 of the Code of Civil Procedure praying for recalling of the compromise deed dtd. 13/11/2019 on the ground that the same had been obtained by the respondents by putting the petitioner under coercion. The application was considered by the trial Court and vide order dtd. 20/7/2022 the same was dismissed. It is this order passed by the trial Court as also the pending execution proceedings, which are called in question in the writ petition. As noted above, the petitioner also seeks quashment of the compromise decree dtd. 13/11/2019.

(3.) Having heard learned counsel for the parties and perused the material on record, I find absolutely no merit in this petition. That apart, it is trite law that the extraordinary writ jurisdiction of this Court vested by Article 226 of the Constitution of India cannot be invoked to challenge the judicial orders passed by the Civil Courts. I am fortified in taking this view by a Three-Judge Bench judgment of Hon"ble the Supreme Court in Radhey Shyam and another v. Chhabi Nath and others, (2015) 5 SCC 423 wherein Hon"ble the Supreme Court has held in paragraph nos. 25,26,27 and 29 as under:-