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TMI Blog2025 (5) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. During his lifetime, Kathiresan was in possession of the suit land and thereafter appellants claim to be in possession of the said land. After the death of Kathiresan, disputes broke out between the appellants on one hand and sisters of Kathiresan on the other, in respect of ownership of the suit land and other businesses. The respondent, who is the son of one of the sisters of late Kathiresan, initiated negotiations for sale of the suit land. This prompted the appellants to file O.S. No. 1087 of 2018 Hereinafter, 'the present suit' seeking a declaration regarding title and consequential injunction against the respondent from encumbering the suit land. Other lands purchased by Kathiresan from his own funds in the name/joint name with ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parent on the face of record, occasioning grave injustice by the court or tribunal assuming jurisdiction which it does not have, failing to exercise jurisdiction which it does have, or exercising its jurisdiction in a perverse manner. 9. Essence of the power under Article 227 being supervisory, it cannot be invoked to usurp the original jurisdiction of the court which it seeks to supervise. Nor can it be invoked to supplant a statutory legal remedy under the Civil Procedure Code, 1908 In short, 'the Code'. For example, existence of appellate remedy under Section 96 of the Code operates as a near total bar to exercise of supervisory jurisdiction under Article 227 Virudhunagar Hindu Nadargal Dharma Paribalana Sabai v. Tuticorin Educational S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Order 7 Rule 11 is being allowed. Under such circumstances, the remedy by way of a writ petition under Article 227 of the Constitution could be availed and Respondent 1/the plaintiff has resorted to the said remedy in the instant case; although if the plaint had been rejected by the trial court i.e. court of original jurisdiction, it would have resulted in a right of appeal under Section 96 CPC." 13. These observations in Frost (supra) are not relevant for the matter in issue as the High Court in the present case had not exercised its supervisory power to correct a jurisdictional error of the trial court but usurped its original jurisdiction to reject the plaint. 14. Procedural law provides the necessary legal infrastructure on whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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