MOHD. YUNUS versus MOHD. MUSTAQIM & ORS .

MOHD. YUNUS versus MOHD. MUSTAQIM & ORS .

The High Court's supervisory jurisdiction under Article 227 of the Constitution is not an appellate power and cannot be invoked for mere errors of law or wrong decisions where other remedies (appeal, revision) exist under the Code of Civil Procedure. Adjustment of a decree after an auction-sale cannot be certified if the auction-purchaser's interest intervenes. The petition under Article 227 was wholly misconceived and not maintainable.

Parties
Petitioner: Mohd. Yunus; Respondents: Mohd. Mustaqim & Ors.
Jurisdiction
India
Judgment Date
04 October 1983
Procedural Posture
Special Leave Petition / Dismissal of Petition Under Article 227 Following Orders of Subordinate Judge and Delhi High Court
Outcome
Petition dismissed
Legal Topics
Supervisory Jurisdiction Under Article 227, Execution Proceedings, Certification of Adjustment After Auction Sale, Res Judicata, Limitation Law
Civil Procedure Constitutional Law Supervisory Jurisdiction Under Article 227 Execution Proceedings Certification of Adjustment After Auction Sale Res Judicata Limitation Law

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Parties

Mohd. Yunus

Petitioner

Mohd. Mustaqim & Ors.

Respondents

Procedural Posture

Special Leave Petition / Dismissal of Petition Under Article 227 Following Orders of Subordinate Judge and Delhi High Court

Legal Issues

  1. 1 Whether a petition under Article 227 of the Constitution is maintainable to challenge orders passed under Order XXI, Rule 92 of the Code of Civil Procedure after dismissal of related applications and failure to appeal.

Ratio Decidendi

The High Court's supervisory jurisdiction under Article 227 of the Constitution is not an appellate power and cannot be invoked for mere errors of law or wrong decisions where other remedies (appeal, revision) exist under the Code of Civil Procedure. Adjustment of a decree after an auction-sale cannot be certified if the auction-purchaser's interest intervenes. The petition under Article 227 was wholly misconceived and not maintainable.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition is dismissed.
  • Petition under Article 227 is held to be misconceived and not maintainable.