Judgment

CHINNAPPA REDDY, J. (Agreeing with Madon, J.) :- Unfamiliar as I am with the history, tradition and the lore of the city and the High Court of Bombay, I content myself by agreeing with the conclusion of my learned brother that no appeal under Cl. 15 of the Letters Patent lies to the High Court against the order of a single Judge of the High Court exercising jurisdiction under Art. 227 of the Constitution, no less and no more. I do not have any doubt that the reference to S. 107 of the Government of India Act, 1915, in Clause 15 of the Letters Patent must necessarily be read as a reference to Art. 227 of the Constitution. So read an appeal under Cl. 15 is clearly not maintainable against an order made in exercise of the power under Art. 227. This is the view taken by all the High Courts in India except the High Court of Bombay, where alone opinion has not been unanimous.

MADON, J. :- 2. The question which falls for determination in this appeal is "Whether an appeal lies under Cl. 15. of the Letters Patent of the Bombay High Court to a Division Bench of two. judges of that High Court from the judgment of a single Judge of that High Court in a petition filed under Art. 226 or