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april 2009

Supreme Court of India · 2009-04-15

Radhey Shyam & Anr vs Chhabi Nath & Ors

Court
Supreme Court of India
Petitioner
Radhey Shyam & Anr
Respondent
Chhabi Nath & Ors
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction by interfering with the orders of a civil court in a property dispute, emphasizing that the High Court should not intervene in judicial orders of competent civil courts under its extraordinary writ jurisdiction. The Court clarified that the High Court's order, which set aside the District Judge's remand of the matter to the trial court, was unsustainable as it disregarded the ongoing civil proceedings. The appeal was allowed, reinstating the authority of the civil court to adjudicate the matter.

Radhey Shyam & Anr vs Chhabi Nath & Ors · Niyam