JUDGMENT

Both these appeals can, be disposed of on a short ground. Aggrieved against the order of learned single Judge of Bombay High Court dated 26-4-88, the appellants before us, filed a Letters Patent Appeal before the Division Bench of the High Court. The Division Bench referred the matter to a Full Bench. The Full Bench by order dated 18-7-1989 in Sushilabai Laxminarayan Mudaliyar v. Nihalchand Waghajibhai Shah, 1989 Mah LJ 695, after dealing with the question referred, sent the case back to the Division Bench for deciding the question of the maintainability of the Letters Patent Appeal. The Full Bench referred to decisions of this Court in Umaji Kesho Meshram v. Radhikabai w/o Anand Rao Banapurkar, (1986) 1 SCR 731 and an unreported Judgment of this Court in Civil Appeal No. 520 of 1989 Ratnagiri District Central Co-operative Bank Ltd. v. Dinkar Kashinath Wative, decided on January 27, 1989 and observed as under:

"Even when in the cause title of an application both Art.1226 and Art. 227of the Constitution have been mentioned, the learned single Judge is at liberty to decide, according to facts of each particular case, whether the said application ought to be dealt with only un