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2015 DIGILAW 1316 (PAT)

Pritama Kaur v. Jugal Kishore Toshniwal

2015-10-09

NAVANITI PRASAD SINGH, NILU AGRAWAL

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JUDGMENT : NAVANITI PRASAD SINGH, J. The present appeals under Clause 10 of Patna High Court Letters Patent is preferred against the judgment and order dated 19.07.2005 passed in C.W.J.C. No. 9936/2004 by learned Single Judge of this Court exercising jurisdiction under Article 227 of the Constitution. 2. The primary objection as to maintainability of these appeals was taken by Sri Shashi Shekhar Dvivedi, learned Senior Counsel opposing the appeals. The submission would be that the District Judge, Katihar having passed an order on an application made by the present appellant in terms of Section 34 of the Indian Trust Act, 1882, and the learned District Judge having passed an order therein being the Principal Civil Judge of original civil jurisdiction that would be an order of the civil court and was amenable to the writ jurisdiction of this Court under Article 227 of the Constitution. 3. The learned Single Judge also took the same view and exercising constitutional jurisdiction of superintendence under Article 227 of the Constitution disposed of the writ petition with certain directions. 4. Clause 10 the of Patna High Court Letters Patent provides for an appeal to the High Court from an order passed in the original appellate jurisdiction of the High Court and no other order. By series of judgments of this Court and the Apex Court, it is a settled law that from an order passed under Article 227 of the Constitution, no intra court appeal lies, muchless in terms of Letters Patent. The most recent being judgment of the Apex Court in the case of Sh. Jogendrasinhji Vijaysinghji vs. State of Gujarat & Ors., since reported in 2015(3) PLJR 453(SC). 5. In that view of the matter, both these appeals are not maintainable, and are dismissed as such.