S.B. Civil Writ Petition No.14488/2010 Ramdev Vs. Bhinwa Ram and ors. Dated : 29.10.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. VS Poonia, for the petitioner. *** By way of this writ petition, the petitioner has implored to quash and set aside the order dated 21st August, 2010 and 14th July, 2006 rendered by the Additional District Judge No.2, Sikar in civil Misc. Appeal No.77/2008 and Civil Judge (Jr.Div.) Laxmangarh respectively. At the very outset, it is relevant to record that the Hon'ble Apex Court in pleathora of cases has consistently held that the jurisdiction under Article 227 of the Constitution should not be exercised unless the impugned order is found to be totally perverse or contrary to material or it results in manifesting injustice. In the case of Managing Director (MIG), Hindustan Aeronautics Ltd. Balanagar, Hyderabad, Vs. Ajit Prasad Tarway, reported in AIR 1973 SC 76. The Hon'ble Apex Court has held that the High Court had no jurisdiction to interfere with the order of the first appellate Court even if the order was right or wrong or in accordance with the law or not, unless it had exercised its jurisdiction illegally or with material irregularity. To the same effect was the judgment of the Hon'ble Apex Court in the -2- case of Pandurang Dhondi Chougule Vs. Maruti Hari Jadhav reported in AIR 1966, SC 153. Having considered the submissions made by the learned counsel for the petitioner and carefully perused the impugned orders rendered by the courts below, it is noticed that the Civil Judge (Jr.Div.) Laxmangarh, having considered the submissions made by the learned counsel for the parties and carefully perused the relevant material on record, dismissed the application filed under Order 39 Rules 1 & 2 of CPC. The appeal was preferred against this order and the appeal also stood dismissed vide order dated 21st August, 2010 passed by the Additional District Judge No.2, Sikar. There appears to be a concurrent finding of the two courts below with regard to the facts of the case and in a writ jurisdiction under Article 227 of the Constitution this court is not required to interfere with the finding of fact. The writ petition is found to be totally devoid of any substance and the same deserves to be dismissed at the threshold, which stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg item no.8