Published on: January 11, 2024 at 15:00 IST
Court: Supreme Court of India
Citation: Shalini Shyam Shetty v. Rajendra Shankar Patil (2010)
Honourable Supreme Court of India has held that High Courts must be cautious in entertaining petitions under Article 227 of the Constitution by terming them as Writ Petitions. It is held that frequent interference by the Hon’ble High Court either under Article 226 or 227 of the Constitution in pending civil and at times criminal cases, the disposal of cases by the civil and criminal courts gets further impeded and thus causing serious problems in the administration of justice.
64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes. In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions.
Drafted By Abhijit Mishra