P.N. Nag, J. - (1.) THE IInd Additional Munsif, Azamgarh passed an ex parte decree dated 29.9.1980. An application was made under Order 9 Rule 13 C.P.C. for setting aside the ex parte decree dated 29.9.1980 which appears to have been dismissed on 4.12.1981 and against the dismissal of the application the petitioner filed an appeal before Civil Judge, Azamgarh. This appeal has been dismissed by Civil Judge, respondent No. 1, by his order dated 8.11.1982. Admittedly the writ petition is directed against the order of the Civil Judge having competent jurisdiction under Code of Civil Procedure in respect of immovable property and relates to the cancellation of sale deed in respect of immovable property. In my opinion the writ petition is not maintainable in respect of disputes relating to immovable property covered under civil law. In this context the observations of Supreme Court in the case of Smt. Parvatibai Subhanrao Nalawade v. Anwarali Hasanali Makani and others : ALR. 1992 (1) 151 may be reproduced: - - Before closing this judgment we would like to emphasise that in cases relating to immovable properties which are governed by the ordinary civil law the High Court should not exercise its special jurisdiction under the Constitution unless the circumstances are exceptional. This aspect has been discussed by this Court earlier on several occasions.
(2.) THERE is no exceptional circumstance in this case which justify the interference by this Court. The writ petition is accordingly dismissed.;