Ganesh S/O Jagannath Chaukse vs Prabhakar S/O Wasudeo Tikar And 6 ...
2021 Latest Caselaw 8550 Bom

                                                      1                                          LPA569.10

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                        LETTERS PATENT APPEAL NO.569/2010 IN
                            WRIT PETITION NO.3375/2010(D)

                Ganesh s/o Jagannath Choukse
                Aged about 50 years, occupation-Agriculturist,
                R/o. Near Vasant-Wadi, Main Road, Khamgaon,
                District Buldhana.                                                          APPELLANT
                                ...V E R S U S...

1]              Prabhakar s/o Wasudeo Tikar,
                Aged about 56 years, occupation-agriculturist.
2]              Nilkanth s/o Wamanrao Lanjulkar.
                Aged about 58 years, occupation- Service.

3]              Nirmalabai w/o Dinkar Lanjulkar.
                Aged about 49 years, occupation-agriculturist.

4]              Sekhar s/o Jagannath Tikar,
                Aged about 37 years, occupation-agriculturist.
5]              Ajabrao Bakiram Tikar
                Aged about 71years, occupation-agriculturist
                All R/o Tembhurne, Tq. Khamgaon, Dist. Buldhana.

6]              Sau. Shobhana Umesh Sharma,
                Aged about 36 years, occupation-household.
7]              Sau.Nita Rajendra Sharma,
                Aged about 41 years, occupation-household
                R.Nos. 6 and 7 R/o. Khamgaon, Jagdamba Road,
                Jalalpura, Tq. Khamgaon, District Buldhana. ..RESPONDENTS
--------------------------------------------------------------------------------------------------------------------
None for appellant.

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                CORAM : A.S.CHANDURKAR and PUSHPA V. GANEDIWALA, JJ.

DATED : 28.06.2021

2 LPA569.10

ORAL JUDGMENT (Per A. S. Chandurkar, J.)

There is no appearance on behalf of the appellant.

However we have perused the challenge raised in the letters patent

appeal and we have also gone through the memorandum of appeal. In Writ

Petition No.3375/2010 that was filed by the appellant herein the challenge

was raised to the judgment and decree passed by the learned Additional

Sessions Judge, Khamgaon in Miscellaneous Civil Appeal No.38/2009 by

which order the injunction granted by the trial Court came to be confirmed.

In other words what was challenged in writ petition was an order passed by

the Civil Court.

2. In Jogendrasinhji Vijaysinghji Vs. State of Gujrat and others (2015) 9

SCC 1 it has been held by the Hon'ble Supreme Court that a challenge to an order

passed by the Civil Court can be examined only in a writ petition under Article 227

of the Constitution of India. When such adjudication by the learned Single Judge in

writ petition is in exercise of jurisdiction under Article 227 of the Constitution, no

letters patent appeal would be maintainable. This view has been reiterated in Ram

Kishan Fauji Vs. State of Haryana (2017) 5 SCC 533.

3. Hence in view of the aforesaid law the letters patent appeal is held to be

not maintainable. The appellant is free to challenge the order passed by the learned

Single Judge in Writ Petition No. 3375/2010 by initiating appropriate proceedings.

                                             3                           LPA569.10

All the points raised in the letters patent appeal are kept open.      Letters Patent

Appeal No.569/2010 is disposed of as not maintainable. The parties to bear their

own costs.

                         JUDGE                    JUDGE


Andurkar..