FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO. 156/2008 IN WRIT PETITION NO. 4226/2007 (Haridas Shyamraoji Yeotkar vs. Kashiram Pandurang Lothe and others) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Shri C.A.Joshi, Adv. for appellant/ applicant. CORAM : A.M.KHANWILKAR AND S.R.DONGAONKAR, JJ DATED : 13 th JUNE, 2008. Heard learned counsel for the appellant. In our opinin, this appeal is not maintainable. Learned counsel for the appellant contented that the writ petition was filed titling as petition under Articles 226 & 227 of the Constitution. That by itself is not sufficient. Fact remains that the writ petition was against the interlocutary order passed by the trial Court on application for injunction, against which the appeal was carried before the District Judge and eventually writ jurisdiction of this court was invoked obviously under Article 227 of the Constitution of India. Merely describing the writ petition as one under Articles 226 & 227 of the Constitution is not sufficient. The appeal, therefore, deserves to be dismissed. At this stage, counsel for the applicant seeks liberty to withdraw the appeal and submits that the appellant will be comfort if the trial court is directed to expedite the suit. The appellant will be free to make that request to the trial Court, who in teurn shall consider the same and pass appropriate order thereon. Appeal is dismissed as withdrawn. JUDGE JUDGE Rvjalit