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M Ramadevi vs P Govinda Satyanarayan on 10 October, 2022

Learned counsel for the respondents also cited a judgment in Dasari Ramachandra Rao v. Koripalli Venkata Rao3. In that case this Court was engaged in a decision during the execution proceedings and was to state about powers under Article 227 of the Constitution of India and powers under Section 115 C.P.C. It is stated therein that this Court could interfere with if there is manifest injustice in the order of the trial Court or when the power was exercised 2 (2020) 5 ALD 58/2020 SCC Online AP 591 3 2021 SCC Online AP 37/(2021) 1 ALT 616 (AP) 18 Dr. VRKS, J C.R.P.No.551 of 2019 capriciously. All these rulings which speak about the wide power of this Court while exercising revisional jurisdiction under Article 227 of the Constitution of India. In substance, they indicate that there is power to rectify miscarriage of justice. In the considered opinion of this Court, failure to concede to the prayer on part of the trial Court is undoubtedly created miscarriage of justice as it left the humans to grave risk, while the property in dispute was before the trial Court. Nobody needs to ordain the trial Court to be pragmatic and to be considerate to the human agonies which get escalated since the disputed questions of facts or law raised in the suit could not be decided in a Jiffy. For all these reasons this Court holds that the impugned order resulted in gross failure of justice and therefore, the same is to be set aside. The point is answered in favour of the revision petitioner.
Andhra Pradesh High Court - Amravati Cites 7 - Cited by 0 - Full Document
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