M.S.R. PRASAD versus BOMMISETTI SUBBA RAO AND ORS.

M.S.R. PRASAD versus BOMMISETTI SUBBA RAO AND ORS.

Remedy available to the petitioner in the civil suit having already been availed of, the High Court rightly declined to interfere and dismissed the writ petition; parties to approach civil court and seek amendment of the plaint—relief cannot be sought on basis of Commissioner's report in writ proceedings.

Parties
Petitioner: M.S.R. Prasad; Respondent: Bommisetti Subba Rao; Respondent: Municipal Corporation
Jurisdiction
India
Judgment Date
30 July 1996
Procedural Posture
Special Leave Petition (civil) / Final Order
Outcome
petition dismissed
Legal Topics
Article 226, Maintainability of Writ Petition, Injunction, Civil Proceedings, Amendment of Plaint
Constitutional Law Civil Procedure Article 226 Maintainability of Writ Petition Injunction Civil Proceedings Amendment of Plaint

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Parties

M.S.R. Prasad

Petitioner

Bommisetti Subba Rao

Respondent

Municipal Corporation

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Order

Legal Issues

  1. 1 Whether writ petition under Article 226 is maintainable to nullify injunction granted by civil court
  2. 2 Whether High Court was right in directing parties to seek remedy by amendment of plaint in civil suit

Ratio Decidendi

Remedy available to the petitioner in the civil suit having already been availed of, the High Court rightly declined to interfere and dismissed the writ petition; parties to approach civil court and seek amendment of the plaint—relief cannot be sought on basis of Commissioner's report in writ proceedings.

Court Disposition

petition dismissed

Orders

  • Lower court directed to dispose of the suit within four months from receipt of Supreme Court order