GOPAL RAO EKBOTE, J.

( 1 ) THIS is an application for leave to appeal to the Supreme court against our judgment given on 3rd February, 1970 in Spl. Tribunal appeals Nos. 16 and 18 of 1966. Those were appeals filed under section 51 of the estates Abolition Act before the Special tribunal, which consisted of two Judges of the High Court. The petition is resisted by the respondent on the ground that no leave can be granted to appeal to the Supreme Court against a judgment given by such a Special Tribunal.

( 2 ) SRI T. S. Narasinga Rao, the learned counsel for the petitioner, relied upon article 133 (1) of the Constitution and contended that since the Special Tribunal consists of Judges of the High Court as nominated by the Chief Justice, it is a judgment of the High Court and therefore Art. 133 (1) of the Constitution applies. It is difficult to accept this contention. Article 133 (1) of the Constitution says that an appeal shall lie to the Supreme Court from any Judgment, decree or final order in a civil proceeding of a High Court in the territory of India. The question therefore, is whether the judgment which we gave was a judgment given in a civil proceeding of a high Court. It may

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