IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1839 of 2011 In Civil Writ Jurisdiction Case No. 3303 of 2011 With Interlocutory Application No. 8283 of 2011 In Letters Patent Appeal No.1839 of 2011 ====================================================== Md.Mirajuddin, Son of late Khwaja Mainuddin, R/o Mohalla - P.P. Road, Ward No. 25 Buxar, P.O. & P.S.- Buxar, District – Buxar. .... .... Petitioner/Appellant Versus Masroor Alam, S/o Nasirul Haque, R/o Bazmi Nagar, P.O. + P.S. - Buxar, District – Buxar. .... .... RespondentRespondent ====================================================== Appearance : For the Appellant : Mr. Manendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 09-12-2011 Feeling aggrieved by the order dated 5th May 2011 passed by the learned single Judge in above C.W.J.C. No.3303 of 2011, the writ petitioner has filed this Appeal under Clause 10 of the Letters Patent. The matter arises from the order of a civil Court in not entertaining the objection lodged by the present appellant against the execution of a decree. Initially the order was Patna High Court LPA No.1839 of 2011 (3) dt.09-12-2011 2 / 2 2 challenged in a Civil Revision Application filed under Section 115 C.P.C. but later in view of the amendment to Section 115 C.P.C., the Revision Application was allowed to be converted into a petition under Article 227 of the Constitution. Learned single Judge has rejected the writ petition. Therefore, the present Appeal. In our opinion, an appeal under the Letters Patent would not lie against the order of the learned single Judge made in a petition filed under Article 227 of the Constitution filed in lieu of a Civil Revision Application. The same is the view expressed by a Bench of this Court in Letters Patent Appeal No.138 of 2011 decided on 3rd May 2011. The Appeal and the Application are dismissed as not maintainable. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)