1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Letters Patent Appeal No.390/2011 in Writ Petition No.2285/2011 (D) [Jivan Tukaram Pathak .vrs. Sau. Sunanda Pramodrao Balpande and two others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : NOVEMBER 22, 2011. Order of Civil Court refusing to exhibit sale deed dated 12.9.2007 passed on 16.3.2011 was challenged before the learned Single Judge in petition filed under Articles 226 and 227 of the Constitution of India. Shri A.K. Choube, learned counsel for respondent no.1 and Shri Khare, learned counsel for respondent nos.2 and 3 point out that the civil court was not joined as party respondent and hence Article 226 of the Constitution of India was not invoked. Shri Lule contends that the petition expressly mentions under Article 226 of the Constitution and prayer was to issue appropriate writ, hence letters patent appeal is maintainable. In the 2 light of judgment of the Hon’ble Apex Court in the cases of Udit Narain Singh Malpaharia .vrs. Additional Member Board of Revenue, Bihar and another, AIR 1963 SC 786, Muhammed Enamul Haque .vrs. Muhammad Hussain, 1968 Mh.L.J. 1, Shalini Shyam Shetty and another .vrs. Rajendra Shankar Patil, (2010) 8 SCC 329 and Full Bench judgment in the case of Ramchandra Dagoji Rangari and others .vrs. Vishwanath Champat Naik and another, 2011 (5) Mh.L.J. 193, we find issue concluded against the appellant. Letters Patent Appeal, as filed, is therefore, misconceived. Accordingly, we dispose of LPA with liberty to appellant to take such steps as are open to him in the law. JUDGE JUDGE Gulande