JUDGMENT - PATEL H.D., J.:—A common question arose in the aforesaid four Letters Patent Appeals about their maintainability under Clause 15 of the Letters Patent (Bombay) before the Division Bench consisting of H. W. Dhabe and A. A. Desai, JJ. By judgment delivered on 6-2-1989, one of the Judges of the Division Bench, namely, Dhabe, J., expressed his opinion by giving reasons that all the four appeals under Clause 15 of the Letters Patent are maintainable. The other Judge, that is, Desai, J., however, gave his opinion on 26-11-1992, in the following words:

“Having regard to the view as then taken in the case of Jaitunbi, I hold that the appeals are not maintainable. I, therefore, dismiss the same.”

It become necessary to point out that the case of (Jaitunbi Mohammed Ismail and others v. Smt. Halimabi Yusuf Baig)1, Letters Patent Appeal No. 14 of 1983 with other connected appeals was heard and decided by the Division Bench consisting of Qazi and Desai, JJ., on 21-8-1988. In that case my brother Desai. J., speaking for the Court, held that the Letters Patent Appeals before them were not maintainable. The same view was maintained by Desai, J., even in these appeals. This was despite th

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