Umesh Kumar Dewangan vs Paramjeet Singh on 8 July, 2026

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    Chattisgarh High Court

    Umesh Kumar Dewangan vs Paramjeet Singh on 8 July, 2026

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                       CGHC010198662026                                            2026:CGHC:28346
    
    
    SAGRIKA
    AGRAWAL
                                                                                              NAFR
    
    Digitally signed
    by SAGRIKA                       HIGH COURT OF CHHATTISGARH AT BILASPUR
    AGRAWAL
    Date: 2026.07.14
    10:29:17 +0530
                                                   WP227 No. 624 of 2026
    
                       1 - Umesh Kumar Dewangan S/o Harprasad Dewangan Aged About 30 Years
                       R/o Ward No. 06, Village- Lofandi, Bilaspur, Tahsil And District Bilaspur (C.G.)
    
                                                                                       ... Petitioner(s)
    
                                                            versus
    
                       1 - Paramjeet Singh S/o Harnam Singh Aged About 62 Years R/o Adarsh
                       Colony, Behind Old High Court, Bilaspur, Tahsil And District Bilaspur (C.G.)
    
                       2 - Harjeet Kaur W/o Paramjeet Singh Aged About 61 Years R/o Adarsh
                       Colony, Behind Old High Court, Bilaspur, Tahsil And District Bilaspur (C.G.)
    
                       3 - State Of Chhattisgarh Through Collector, Bilaspur, Tahsil And District-
                       Bilaspur (C.G.)
                                                                               ... Respondent(s)

    (cause title taken from CIS)
    For Petitioner(s) : Mr. Keshav Dewangan, Advocate
    For Respondent No. 1 : Mr. Rajeev Shrivastava, Sr. Advocate along
    and 2 with Ms. Samidha Karambelkar and Ms. Anu
    Mishra, Advocate

    Hon’ble Shri Justice Ravindra Kumar Agrawal, J
    Order on Board
    08.07.2026

    SPONSORED

    1. The present petition under Article 227 of the Constitution of India has

    been preferred by the petitioner assailing the order dated 25.04.2026

    passed by the learned 9th District Judge, Bilaspur, in Misc. Civil Appeal
    2

    No. 62/2025, whereby the miscellaneous appeal preferred by

    respondent Nos. 1 and 2 has been allowed and the order dated

    24.07.2025 passed by the learned 9th Civil Judge, Junior Division,

    Bilaspur, in Civil Suit No. 204-A/2025 has been set aside.

    2. The brief facts of the case are that the petitioner is the plaintiff, while

    respondent Nos. 1 and 2 are defendant Nos. 1 and 2 before the

    learned trial Court. The petitioner instituted Civil Suit No. 204-A/2025

    seeking a declaration of title and permanent injunction in respect of the

    suit property bearing Khasra No. 54/171, Diversion Sheet No. 9, Plot

    No. 168, admeasuring 2400 sq. ft. (0.0220 hectare), situated at Village

    Lingiadih, Tahsil and District Bilaspur. The case of the plaintiff is that

    he purchased the suit property from its owner, Smt. Snehal Arora, by a

    registered sale deed dated 31.03.2022 and pursuant thereto, came into

    possession of the suit property. In the plaint, the plaintiff has also

    traced the chain of title by narrating the successive transfers of the

    property from its earlier owners, culminating in the execution of the

    registered sale deed in his favour. It is further pleaded that on

    24.05.2025, upon being informed by the neighbouring residents that

    defendant Nos. 1 and 2 had commenced construction of a boundary

    wall over the suit land, he immediately approached the revenue

    authorities and thereafter instituted the present suit on 01.07.2025.

    Along with the plaint, the plaintiff also filed an application under Order

    39 Rules 1 and 2 read with Sections 94 and 151 of the Code of Civil

    Procedure, 1908, seeking the grant of a temporary injunction

    restraining the defendants from interfering with his possession over the
    3

    suit property or raising any construction thereon during the pendency

    of the suit.

    3. Defendant Nos. 1 and 2 filed their reply and contested the claim of the

    plaintiff. It was pleaded that their son Gurvin Singh had purchased land

    bearing Khasra No. 54/168, situated at Village Lingiadih, from its

    owner, Shri B.P. Agrawal, by a registered sale deed dated 25.07.2007.

    After the demise of Gurvin Singh, the names of defendant Nos. 1 and 2

    were mutated in the revenue records as his legal heirs. It was further

    pleaded that they have raised a boundary wall over the said land and

    have been in peaceful possession thereof. The defendants further

    pleaded that the property purchased by Gurvin Singh was described in

    the sale deed with the following boundaries: road towards the east and

    south, land of Nanak Gurunani towards the north, and land of Gulaba

    Dewangan towards the west. According to them, the very same

    boundaries have also been mentioned in the sale deed executed in

    favour of the plaintiff. It was, therefore, pleaded that although the

    plaintiff claims to have purchased land bearing Khasra No. 54/171, he

    is, in fact, asserting possession over the land belonging to the

    defendants, namely Khasra No. 54/168. It was also pleaded that the

    defendants have remained in continuous possession of the land since

    the year 2007 and that such possession had never been questioned by

    any previous owner before the plaintiff purchased Khasra No. 54/171.

    On these premises, the defendants asserted that the plaintiff has failed

    to establish a prima facie case and that the balance of convenience

    and the likelihood of irreparable injury are also in their favour.

    Consequently, they prayed for dismissal of the application for

    temporary injunction.

    4

    4. After hearing the parties and considering the material available on

    record, the learned trial Court, by order dated 24.07.2025, allowed the

    plaintiff’s application under Order 39 Rules 1 and 2 of the Code of Civil

    Procedure, 1908, and granted a temporary injunction restraining

    defendant Nos. 1 and 2 from interfering with the plaintiff’s possession

    over land bearing Khasra No. 54/171 or raising any construction

    thereon during the pendency of the suit. Aggrieved by the said order

    dated 24.07.2025, defendant Nos. 1 and 2 preferred Misc. Civil Appeal

    No. 62/2025 before the learned Appellate Court. Upon hearing the

    parties, the learned Appellate Court, by the impugned order dated

    25.04.2026, allowed the appeal and set aside the order of temporary

    injunction passed by the learned trial Court. Aggrieved thereby, the

    petitioner has preferred the present petition under Article 227 of the

    Constitution of India.

    5. Learned counsel for the petitioner would submit that the

    petitioner/plaintiff is in lawful possession of the suit property bearing

    Khasra No. 54/171, whereas defendant Nos. 1 and 2 claim title and

    possession over a different parcel of land, namely Khasra No. 54/168.

    It is submitted that the plaintiff acquired title to the suit property through

    a registered sale deed dated 31.03.2022 executed by its recorded

    owner and, pursuant thereto, was put in possession of the land. The

    possession of the plaintiff had never been questioned by the

    defendants until the present dispute arose. It is further submitted that

    the learned trial Court, after a detailed consideration of the pleadings,

    documents and the facts and circumstances, rightly recorded a finding

    regarding the plaintiff’s possession and consequently granted
    5

    temporary injunction restraining the defendants from interfering with

    the plaintiff’s possession over the suit property. It is argued that the

    learned trial Court rightly observed that, in the absence of clear

    identification of the boundaries and the exact location of the respective

    lands, the controversy essentially relates to disputed questions of fact,

    which can only be adjudicated upon after the parties adduce evidence

    during the trial. He would further submit that the demarcation report

    dated 26.06.2025 cannot be treated as conclusive, as it neither records

    the actual physical measurements of the respective lands nor

    establishes the physical possession of defendant Nos. 1 and 2 over the

    suit property. According to him, the report is founded merely upon the

    statements of adjoining landowners and is, therefore, insufficient to

    displace the plaintiff’s prima facie case. It is lastly submitted that the

    learned Appellate Court has mechanically interfered with a well-

    reasoned discretionary order passed by the learned trial Court without

    assigning cogent reasons for upsetting the findings on the three settled

    ingredients governing the grant of temporary injunction. It is further

    submitted that if defendant Nos. 1 and 2 are not restrained from

    interfering with the plaintiff’s possession, the plaintiff would suffer

    irreparable injury by being deprived of the peaceful enjoyment of the

    property purchased by him under a valid registered sale deed. It is,

    therefore, prayed that the impugned order dated 25.04.2026 passed by

    the learned Appellate Court be set aside and the order dated

    24.07.2025 passed by the learned trial Court granting temporary

    injunction be restored.

    6

    6. Per contra, learned counsel appearing for respondent Nos. 1 and

    2/defendant Nos. 1 and 2 opposed the submissions advanced on

    behalf of the petitioner and submitted that defendant Nos. 1 and 2 are

    in lawful possession of land bearing Khasra No. 54/168, the

    boundaries whereof are specifically described in their registered sale

    deed. It is submitted that the possession of the defendants over the

    land comprised within the said boundaries has remained undisputed

    since its purchase and has never been questioned by any of the

    previous owners in the chain of title of the plaintiff’s land. It is further

    submitted that, as per the plaint itself, the plaintiff claims title through a

    registered sale deed dated 31.03.2022 executed by Smt. Snehal Arora.

    The said Smt. Snehal Arora had purchased the property from Smt.

    Kanti Upadhyay by a registered sale deed dated 19.03.2021; Smt.

    Kanti Upadhyay had purchased it from Shri Shyam Rao Shendey by a

    registered sale deed dated 23.06.2020; Shri Shyam Rao Shendey had

    acquired it from Shri K.K. Ganjiwale by a registered sale deed dated

    12.05.1992; and Shri K.K. Ganjiwale had, in turn, purchased it from

    Shri Balram Kashyap by a registered sale deed dated 17.04.1989. It is

    submitted that none of the aforesaid sale deeds has been produced by

    the plaintiff to establish the boundaries of the property conveyed under

    those documents. It is further submitted that a comparison of the

    registered sale deed executed in favour of the plaintiff with the sale

    deed of defendant Nos. 1 and 2 reveals that both documents describe

    the property with identical boundaries, although they mention different

    Khasra numbers. This clearly demonstrates that the plaintiff is

    attempting to claim possession of the land belonging to the defendants

    under the guise of Khasra No. 54/171. It is also submitted that the sale
    7

    deed in favour of the predecessor-in-interest of defendant Nos. 1 and 2

    has never been challenged, their names have been duly mutated in the

    revenue records, and they have remained in continuous possession of

    the property. He also placed reliance upon the demarcation report

    dated 26.06.2025, submitting that the said report records the

    possession of defendant Nos. 1 and 2 on the basis of information

    furnished by the adjoining landholders and supports their claim of

    possession. It is, therefore, submitted that the learned Appellate Court,

    upon a meticulous examination of the pleadings and documents

    produced by the parties, rightly concluded that the defendants had a

    stronger prima facie case and that the balance of convenience as well

    as the likelihood of irreparable injury also lay in their favour. The

    impugned order, being well reasoned and in accordance with law, does

    not warrant interference in the limited supervisory jurisdiction under

    Article 227 of the Constitution of India. Accordingly, it is prayed that the

    present petition be dismissed.

    7. I have heard learned counsel for the parties and perused the

    documents annexed to the petition.

    8. From perusal of the registered sale deed dated 31.03.2022 executed in

    favour of the plaintiff (Annexure P/2) and the registered sale deed

    dated 25.07.2007 executed in favour of late Gurvin Singh Chhabda,

    the predecessor-in-interest of defendant Nos. 1 and 2 (annexed at

    page 62 of the petition), reveals that the plaintiff claims title over land

    bearing Khasra No. 54/171, whereas defendant Nos. 1 and 2 claim title

    over land bearing Khasra No. 54/168. Significantly, although the

    Khasra numbers mentioned in the two sale deeds are different, the
    8

    boundaries described therein are identical. It is also evident that the

    predecessor-in-interest of defendant Nos. 1 and 2 acquired the

    property under the registered sale deed dated 25.07.2007, whereas

    the plaintiff purchased Khasra No. 54/171 much later by the registered

    sale deed dated 31.03.2022. Both parties thereafter sought

    demarcation of their respective lands, and the demarcation reports,

    annexed at pages 106 and 111 of the petition, along with the

    corresponding demarcation panchnamas, prima facie indicate that both

    parties are laying claim to the same parcel of land notwithstanding the

    difference in the Khasra numbers. Further, the demarcation report

    dated 26.06.2025, annexed at page 111 of the petition, which pertains

    to the application for demarcation submitted by defendant Nos. 1 and

    2, records that the adjoining landowners identified the disputed land as

    being in the possession of defendant Nos. 1 and 2. Taking into

    consideration the rival sale deeds, the identical boundary descriptions

    contained therein, as well as the material contained in the demarcation

    reports, the learned Appellate Court arrived at a prima facie conclusion

    that the plaintiff had failed to establish the existence of a prima facie

    case, balance of convenience, or likelihood of irreparable injury in his

    favour. Accordingly, the learned Appellate Court allowed the appeal

    preferred by defendant Nos. 1 and 2 and set aside the order of

    temporary injunction passed by the learned trial Court.

    9. This Court also finds that the dispute between the parties is not merely

    with respect to the Khasra numbers but relates to the identity and

    location of the land claimed by them. While the plaintiff asserts title

    over Khasra No. 54/171 on the strength of the registered sale deed
    9

    dated 31.03.2022, defendant Nos. 1 and 2 claim title and possession

    over Khasra No. 54/168 through a registered sale deed dated

    25.07.2007 executed in favour of their predecessor-in-interest.

    Significantly, despite the difference in the Khasra numbers, both the

    sale deeds describe the property with identical boundaries. The

    demarcation reports placed on record, particularly the report dated

    26.06.2025, also indicate that both parties are claiming the same

    parcel of land and further record that the adjoining landholders

    identified the possession of defendant Nos. 1 and 2 over the disputed

    property. At the interlocutory stage, the Court is not expected to finally

    adjudicate the question of title or identity of the property, as the same

    can be determined only after the parties lead evidence. However, while

    considering an application under Order 39 Rules 1 and 2 of the Code

    of Civil Procedure, the Court is required to assess whether the

    applicant has established a prima facie case, balance of convenience

    and irreparable injury. In the present case, having regard to the earlier

    registered sale deed in favour of the predecessor-in-interest of

    defendant Nos. 1 and 2, the identical boundary descriptions contained

    in the rival sale deeds, and the material reflected in the demarcation

    report, this Court is of the considered opinion that the learned

    Appellate Court cannot be said to have committed any jurisdictional

    error or patent perversity in holding that the plaintiff failed to establish a

    prima facie case warranting grant of temporary injunction. The view

    taken by the learned Appellate Court is a plausible one based on the

    material available on record and does not call for interference in the

    limited supervisory jurisdiction of this Court under Article 227 of the

    Constitution of India.

    10

    10. With respect to the scope of interference under the jurisdiction of Article

    227 of the Constitution of India, the Hon’ble Supreme Court in the case

    of “Shalini Shyam Shetty and another v. Rajendra Shankar Patil

    2010 (8) SCC 329 held that:

    “40. Same principles have been followed by this Court

    in the case of Mani Nariman Daruwala @ Bharucha

    (deceased) through Lrs. & others vs. Phiroz N.

    Bhatena and others etc. reported in (1991) 3 SCC 141,

    wherein it has been held that in exercise of its

    jurisdiction under Article 227, the High Court can set

    aside or reverse finding of an inferior Court or tribunal

    only in a case where there is no evidence or where no

    reasonable person could possibly have come to the

    conclusion which the Court or tribunal has come to.

    This Court made it clear that except to this `limited

    extent’ the High Court has no jurisdiction to interfere

    with the findings of fact (see para 18, page 149-150).

    In coming to the above finding, this Court relied on its

    previous decision rendered in the case of

    Chandavarkar Sita Ratna Rao vs. Ashalata S. Guram

    reported in (1986) 4 SCC 447. The decision in

    Chandavarkar (supra) is based on the principle of the

    Constitution Bench judgments in Waryam Singh

    (supra) and Nagendra Nath (supra) discussed above.

    41. To the same effect is the judgment rendered in the

    case of Laxmikant Revchand Bhojwani and another vs.
    11

    Pratapsingh Mohansingh Pardeshi reported in (1995) 6

    SCC 576. In paragraph 9, page 579 of the report, this

    Court clearly reminded the High Court that under

    Article 227 that it cannot assume unlimited prerogative

    to correct all species of hardship or wrong decisions.

    Its exercise must be restricted to grave dereliction of

    duty and flagrant abuse of fundamental principle of law

    and justice.

    42. Same views have been taken by this Court in

    respect of the ambit of High Court’s power under

    Article 227 in the case of Sarpanch, Lonand

    Grampanchayat vs. Ramgiri Gosavi and another,

    reported in AIR 1968 SC 222, (see para 5 page 222-

    234 of the report) and the decision of this Court in

    Jijabai Vithalrao Gajre vs. Pathankhan and others

    reported in (1970) 2 SCC 717. The Constitution Bench

    ratio in Waryam Singh (supra) about the scope of

    Article 227 was again followed in Ahmedabad

    Manufacturing & Calico Ptg. Co. Ltd. vs. Ram Tahel

    Ramnand and others reported in (1972) 1 SCC 898.

    43. In a rather recent decision of the Supreme Court in

    case of Surya Dev Rai vs. Ram Chander Rai and

    others, reported in (2003) 6 SCC 675, a two judge

    Bench of this Court discussed the principles of

    interference by High Court under Article 227. Of

    course in Surya Dev Rai (supra) this Court held that a
    12

    writ of Certiorari is maintainable against the order of a

    civil Court, subordinate to the High Court (para 19,

    page 668 of the report). The correctness of that ratio

    was doubted by another Division Bench of this Court in

    Radhey Shyam and another vs. Chhabi Nath and

    others [(2009) 5 SCC 616] and a request to the

    Hon’ble Chief Justice for a reference to a larger Bench

    is pending. But in so far as the formulation of the

    principles on the scope of interference by the High

    Court under Article 227 is concerned, there is no

    divergence of views.

    44. In paragraph 38, sub-paragraph (4) at page 695 of

    the report, the following principles have been laid down

    in Surya Dev Rai (supra) and they are set out:

    “38 (4) Supervisory jurisdiction under Article 227 of

    the Constitution is exercised for keeping the

    subordinate courts within the bounds of their

    jurisdiction. When a subordinate Court has

    assumed a jurisdiction which it does not have or

    has failed to exercise a jurisdiction which it does

    have or the jurisdiction though available is being

    exercised by the Court in a manner not permitted

    by law and failure of justice or grave injustice has

    occasioned thereby, the High Court may step in to

    exercise its supervisory jurisdiction.”
    13

    45. Sub-paras (5), (7) and (8) of para 38 are also on

    the same lines and extracted below:

    “38.(5) Be it a writ of certiorari or the exercise of

    supervisory jurisdiction, none is available to correct

    mere errors of fact or of law unless the following

    requirements are satisfied: (i) the error is manifest

    and apparent on the face of the proceedings such

    as when it is based on clear ignorance or utter

    disregard of the provisions of law, and (ii) a grave

    injustice or gross failure of justice has occasioned

    thereby.

    (6) xxx xxx

    (7) The power to issue a writ of certiorari and the

    supervisory jurisdiction are to be exercised

    sparingly and only in appropriate cases where the

    judicial conscience of the High Court dictates it to

    act lest a gross failure of justice or grave injustice

    should occasion. Care, caution and circumspection

    need to be exercised, when any of the abovesaid

    two jurisdictions is sought to be invoked during the

    pendency of any suit or proceedings in a

    subordinate court and the error though calling for

    correction is yet capable of being corrected at the

    conclusion of the proceedings in an appeal or

    revision preferred thereagainst and entertaining a

    petition invoking certiorari or supervisory jurisdiction
    14

    of the High Court would obstruct the smooth flow

    and/or early disposal of the suit or proceedings.

    The High Court may feel inclined to intervene

    where the error is such, as, if not corrected at that

    very moment, may become incapable of correction

    at a later stage and refusal to intervene would result

    in travesty of justice or where such refusal itself

    would result in prolonging of the lis.

    (8) The High Court in exercise of certiorari or

    supervisory jurisdiction will not covert itself into a

    Court of Appeal and indulge in re-appreciation or

    evaluation of evidence or correct errors in drawing

    inferences or correct errors of mere formal or

    technical character.”

    49. On an analysis of the aforesaid decisions of this

    Court, the following principles on the exercise of High

    Court’s jurisdiction under Article 227 of the Constitution

    may be formulated:

    (a) A petition under Article 226 of the Constitution is

    different from a petition under Article 227. The

    mode of exercise of power by High Court under

    these two Articles is also different.

    (b) In any event, a petition under Article 227 cannot

    be called a writ petition. The history of the

    conferment of writ jurisdiction on High Courts is
    15

    substantially different from the history of conferment

    of the power of Superintendence on the High

    Courts under Article 227 and have been discussed

    above.

    (c) High Courts cannot, on the drop of a hat, in

    exercise of its power of superintendence under

    Article 227 of the Constitution, interfere with the

    orders of tribunals or Courts inferior to it. Nor can it,

    in exercise of this power, act as a Court of appeal

    over the orders of Court or tribunal subordinate to it.

    In cases where an alternative statutory mode of

    redressal has been provided, that would also

    operate as a restrain on the exercise of this power

    by the High Court.

    (d) The parameters of interference by High Courts

    in exercise of its power of superintendence have

    been repeatedly laid down by this Court. In this

    regard the High Court must be guided by the

    principles laid down by the Constitution Bench of

    this Court in Waryam Singh (supra) and the

    principles in Waryam Singh (supra) have been

    repeatedly followed by subsequent Constitution

    Benches and various other decisions of this Court.

    (e) According to the ratio in Waryam Singh (supra),

    followed in subsequent cases, the High Court in

    exercise of its jurisdiction of superintendence can
    16

    interfere in order only to keep the tribunals and

    Courts subordinate to it, `within the bounds of their

    authority’.

    (f) In order to ensure that law is followed by such

    tribunals and Courts by exercising jurisdiction which

    is vested in them and by not declining to exercise

    the jurisdiction which is vested in them.

    (g) Apart from the situations pointed in (e) and (f),

    High Court can interfere in exercise of its power of

    superintendence when there has been a patent

    perversity in the orders of tribunals and Courts

    subordinate to it or where there has been a gross

    and manifest failure of justice or the basic principles

    of natural justice have been flouted.

    (h) In exercise of its power of superintendence High

    Court cannot interfere to correct mere errors of law

    or fact or just because another view than the one

    taken by the tribunals or Courts subordinate to it, is

    a possible view. In other words the jurisdiction has

    to be very sparingly exercised.

    (i) High Court’s power of superintendence under

    Article 227 cannot be curtailed by any statute. It has

    been declared a part of the basic structure of the

    Constitution by the Constitution Bench of this Court

    in the case of L. Chandra Kumar vs. Union of India
    17

    & others, reported in (1997) 3 SCC 261 and

    therefore abridgement by a Constitutional

    amendment is also very doubtful.

    (j) It may be true that a statutory amendment of a

    rather cognate provision, like Section 115 of the

    Civil Procedure Code by the Civil Procedure Code

    (Amendment) Act, 1999 does not and cannot cut

    down the ambit of High Court’s power under Article

    227. At the same time, it must be remembered that

    such statutory amendment does not

    correspondingly expand the High Court’s

    jurisdiction of superintendence under Article 227.

    (k) The power is discretionary and has to be

    exercised on equitable principle. In an appropriate

    case, the power can be exercised suo motu.

    (l) On a proper appreciation of the wide and

    unfettered power of the High Court under Article

    227, it transpires that the main object of this Article

    is to keep strict administrative and judicial control

    by the High Court on the administration of justice

    within its territory.

    (m) The object of superintendence, both

    administrative and judicial, is to maintain efficiency,

    smooth and orderly functioning of the entire

    machinery of justice in such a way as it does not
    18

    bring it into any disrepute. The power of

    interference under this Article is to be kept to the

    minimum to ensure that the wheel of justice does

    not come to a halt and the fountain of justice

    remains pure and unpolluted in order to maintain

    public confidence in the functioning of the tribunals

    and Courts subordinate to High Court.

    (n) This reserve and exceptional power of judicial

    intervention is not to be exercised just for grant of

    relief in individual cases but should be directed for

    promotion of public confidence in the administration

    of justice in the larger public interest whereas

    Article 226 is meant for protection of individual

    grievance. Therefore, the power under Article 227

    may be unfettered but its exercise is subject to high

    degree of judicial discipline pointed out above.

    (o) An improper and a frequent exercise of this

    power will be counter-productive and will divest this

    extraordinary power of its strength and vitality.”

    11. In the case of Garment Craft v. Prakash Chand Goel, 2022 (4) SCC

    181, the Hon’ble Supreme Court has held that:-

    “15. Having heard the counsel for the parties, we are

    clearly of the view that the impugned order is contrary to

    law and cannot be sustained for several reasons, but

    primarily for deviation from the limited jurisdiction

    exercised by the High Court under Article 227 of the
    19

    Constitution of India. The High Court exercising

    supervisory jurisdiction does not act as a court of first

    appeal to reappreciate, reweigh the evidence or facts

    upon which the determination under challenge is based.

    Supervisory jurisdiction is not to correct every error of

    fact or even a legal flaw when the final finding is justified

    or can be supported. The High Court is not to substitute

    its own decision on facts and conclusion, for that of the

    inferior court or tribunal. The jurisdiction exercised is in

    the nature of correctional jurisdiction to set right grave

    dereliction of duty or flagrant abuse, violation of

    fundamental principles of law or justice. The power under

    Article 227 is exercised sparingly in appropriate cases,

    like when there is no evidence at all to justify, or the

    finding is so perverse that no reasonable person can

    possibly come to such a conclusion that the court or

    tribunal has come to. It is axiomatic that such

    discretionary relief must be exercised to ensure there is

    no miscarriage of justice.”

    12. In view of the law laid down by the Hon’ble Supreme Court in Shalini

    Shyam Shetty (supra) and Garment Craft (supra) and also in view of

    the fact of the respective sale deeds of the parties and claim of their

    possession over the suit land, the demarcation report submitted by the

    revenue authorities, this Court is of the considered opinion that the

    petitioner could not demonstrate any pulpable infirmity or jurisdictional

    error in passing the order by the learned Appellate Court, setting aside

    the order passed by learned trial Court.

    20

    13. Consequently, finding no infirmity in the exercise of discretion by the

    learned appellate Court and no exceptional circumstance warranting

    invocation of the supervisory jurisdiction of this Court, the present writ

    petition, being devoid of merit, deserves to be and is hereby

    dismissed.

    Sd/-

    (Ravindra Kumar Agrawal)
    Judge

    sagrika



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