:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 71 OF 2006 NO. 71 OF 2006 NO. 71 OF 2006 IN IN IN WRIT WRIT WRIT PETITION (L) NO.2990 OF 2005 PETITION (L) NO.2990 OF 2005 PETITION (L) NO.2990 OF 2005 Shivajirao V.Nalawde .. Appellant V/s Chandrakant Mukutrao Khopde & Ors. .. Respondents ----- APPEAL APPEAL APPEAL NO. 72 OF 2006 NO. 72 OF 2006 NO. 72 OF 2006 IN IN IN WRIT WRIT WRIT PETITION (L) NO.2991 OF 2005 PETITION (L) NO.2991 OF 2005 PETITION (L) NO.2991 OF 2005 Vithal S. Gaikwad .. Appellant V/s Chandrakant Mukutrao Khopde & Ors. .. Respondents ----- Shri.Y.S.Jahagirdar, Senior Advocate with Shri.S.S.Redekar for the Appellant Shri.C.J.Sawant, Senior Advocate with Shri.A.S.Desai for Respondent No.1. Shri.R.M.Sawant for Respondent Nos.2 to 4, 12 & 13. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN & S.J.VAZIFDAR, S.J.VAZIFDAR, S.J.VAZIFDAR, JJ. JJ. JJ. DATE DATE DATE : 10TH MARCH, 2006. : 10TH MARCH, 2006. : 10TH MARCH, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the Appellant and the learned Counsel for Respondent No.1 and the learned Government Pleader for Respondent Nos.2 to 4, 12 and 13. After hearing the parties for some time, the learned Counsel for Respondent No.1 - Shri.Sawant, Senior Counsel fairly conceded that the original :2: petition should have been filed on the Civi Appellate Side under Article 227 of the Constituion of India whereas it appears that erroneously the same was filed on the Original Side mentioning Article 226 and 227 of the Constitution of India. In view thereof the impugned order dated 19th December, 2005 passed by the learned Single Judge stands set aside. However, it is made clear that the Writ Petition which was filed by Respondent No.1 on Original Side stands transferred to the Civil Appellate Side to be placed before an appropriate Bench for admission. The Appellate side office is directed to give a fresh number to the above writ petition, as the same has been transferred to the Civil Appellate Side. Respondent No.1 is at liberty to carry out the consequential amendments in view of the above order. (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.)