Karnataka High Court: A Single judge bench comprising of H.G. Ramesh, J. while hearing a civil writ petition against an interlocutory order of the trial court in a suit pending between petitioner and respondent, held that the supervisory jurisdiction of a High Court under Article 227 can be exercised only if the inferior court has not proceeded within its jurisdiction.
In the instant case, in a suit pending between petitioner and respondent, the trial court passed an interlocutory order allowing the respondent/ plaintiff to produce certain documents through secondary evidence. Aggrieved by the said order, the petitioner/ defendant preferred the present writ petition before the Hon’ble High Court.
The Court examined the law with respect to jurisdiction of High Courts under Articles 226 and 227 and relied on the judgment of Apex court in Raj Kumar Bhatia v Subhash Chander Bhatia, (2018) 2 SCC 87 to hold that supervisory jurisdiction conferred on High Court under Article 227 is confined only to see whether an inferior court or tribunal has proceeded within the parameters of its jurisdiction.
Having regard to facts of the case, the court declined to entertain the instant writ petition. However, liberty was granted to the petitioner to challenge the impugned order before the Appellate Court as provided under Section 105 of the Code of Civil Procedure, 1908. [Karnataka Neeravari Nigam Limited v. Shankar Construction Company, WP (C) No. 46389 of 2015, decided on 05-10-2018]
