1 LPA NO.151/10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION LETTERS PATENT APPEAL NO. 151 OF 2010 IN WRIT PETITION NO. 5838 OF 2008 Ram Namdeo Patil. .. Appellant Vs Dattatraya Namdeo Patil & Ors. .. Respondents -- Shri M.A. Patil for the Appellant. -- CORAM : MOHIT S. SHAH, CJ & S.C. DHARMADHIKARI, J DATE : 2ND JULY, 2010 P.C. . This Appeal under Clause 15 of the Letters Patent is directed against the judgment dated 20th April, 2010 of the learned Single Judge in Writ Petition No. 5838 of 2008 which was directed against the order dated 22nd July, 2008 passed by the learned Joint Civil Judge, Junior Division, Panvel, below application at Exhibit -90 in a partition suit being Regular Civil Suit No. 10 of 1997. 2. In the first place, the appeal will not be maintainable because the direction of the learned Judge is issued in exercise of powers of superintendence under Article 227 of the Constitution while entertaining 2 LPA NO.151/10 the writ petition against the order of the Civil Court. 3. Even otherwise, the view taken by the learned Single Judge that the provisions of Rule 1 of Order XVIII of the Code of Civil Procedure confer a right upon the defendants to begin the evidence in case requirements of that rule are satisfied and that the provisions do not confer any right upon the Plaintiff to require the defendants to begin leading evidence is in conformity with the language of Rule 1. We see no merit in this Appeal, more particularly when the civil suit is pending since 1997. The Appeal stands dismissed. CHIEF JUSTICE S.C.DHARMADHIKARI, J