1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LETTERS PATENT APPEAL NO.513 OF 2010 IN WRIT PETITION NO.4589 OF 2010 (Sonali d/o Vilas Thakre and others vs. Sau. Seema w/o Rajesh Puri and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri C.A. Joshi, Advocate for appellants. Shri V.K. Paliwal, Advocate for respondent no.1. ------- CORAM : J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED : OCTOBER 21, 2010 After hearing learned Counsel for the parties, we made the learned Counsel for the parties aware that exercise of power by the learned Single Judge was in fact under Article 227 of the Constitution and not under Article 226 of the Constitution. We have gone through the writ petition that was filed before the learned Single Judge. The label of the writ petition is under Articles 226 and 227 of the Constitution. We find that there is a simple prayer for setting aside the judgment and 2 order of the Court below without seeking any writ of certiorari or any other writ. That apart, we find that the matter arises out of an injunction order passed by the trial Court, which was confirmed by the learned Single Judge. The injunction order was based on the decree earlier passed. It is not possible for us to find out in these proceedings as to whether the decree, which was passed earlier, was not binding on the appellants and such issue can be taken care of in the appropriate proceedings under Code of Civil Procedure. We, therefore, hold that the present letters patent appeal is not maintainable since in the original writ petition, power under Article 227 of the Constitution was exercised by the learned Single Judge. The letters patent appeal is dismissed as not maintainable. There is already a direction to the trial Court to expedite disposal of the suit. We hope and trust that the suit will be decided by the trial Court within one year from today. JUDGE JUDGE khj 3