Writ Article 227 challenging orders passed under O 39 R 1

Held,

Writ Petition under Article 226 filed praying for a writ of certiorari to quash the Order refusing to grant Interim Relief in an Application filed under Order XXXIX Rules 1 and 2 of the CPC. was not maintainable in view of the judgment of the three-judge bench in Radhey Shyam v. Chhabi Nath & Ors. (2015) 5 SCC 423, but in the facts of the present case, we do not propose to unsettle the judgment of the High Court on the above ground due to two reasons, firstly, in the High Court, the Appellants, who were Respondents in the Writ Petition, did not challenge the maintainability of the Writ Petition under Article 226 of the Constitution of India, and secondly, had the Appellants raised the above objection regarding maintainability of the Writ Petition, the course open for Plaintiffs/Respondent to amend the cause title of the writ petition under Article 227 of the Constitution, and such a Writ Petition under Article 227 would have been clearly maintainable. The Writ Petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order XXXIX, Rules 1 and 2 of the CPC could very well be maintainable, and the opportunity to amend the cause title by Respondent by raising any objection to that effect having been denied to them, we, instead of setting aside the judgment of the High Court on the above ground, proceed to examine the contentions on merits. 2019 SCJ 037