1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 8428/3007 IN LETTERS PATENT APPEEAL NO. 329/2007 IN WRIT PETITION NO. 693/2007 (The C.E.O. Wardha and another vs. Parasram Shyamrao Dhote) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Shri P.D.Meghe Adv. for the appellant. Shri M.P.M.Pillai, Adv. for Respndent CORAM : A.M.KHANWILKAR AND S.R.DONGAONKAR, JJ DATED : 4 th July, 2008. As the appeal is already admitted, ordinarily, we would have confined ourselves to prayer for interim stay during the pendency of the appeal. However, we proceed to take up the appeal forthwith as we find that the same is not maintainable. We take this view having regard to the fact that the writ petition filed by the petitioner/appellant before the learned Single Judge of this Court, was categorically one under Article 227 of the Constitution of India. That is stated in the petition itself. No relief ascribable to issuance of writ under Article 226 of the Constitution was prayed. In this view of the matter, we have no option but to hold that appeal against the decision passed in the said petition is unavailable before the Division Bench by way of letter patent appeal. Accordingly, we not only think it appropriate to 2 dismiss the said application, but appeal as well on this limited count. Ordered accordingly. JUDGE JUDGE Rvjalit