A. B. NAIK, J.

( 1 ) THIS Letters Patent Appeal is filed under clause 15 of the Letters Patent, challenging the judgment and order dt. 23-7-2004 passed by the learned Single Judge in Writ Petition No. 4616 of 2004.

( 2 ) THIS Appeal was lodged in this Court on 16-8-2004, and it was listed for motion hearing on 3-8-2004. On that day, the learned counsel appearing for the parties sought an adjournment and by consent, this Court adjourned the appeal for two weeks. Again the appeal was placed for motion hearing on 9-12-2004 and by consent of the parties, it was adjourned beyond Christmas vacation. On reopening the matter was listed before us for motion hearing on 25-1-2005. On that day, the Appeal was heard and remained part heard. Further hearing was commenced on 31-1-2005.

( 3 ) WE heard this Appeal on the point of maintainability as according to us, the appeal is not maintainable as the learned Single Judge has e-pressly e-ercised power conferred on this Court vide Article 227 of the Constitution of India. The learned Single Judge by giving reasons dismissed the petition summarily and in concluding part of the order, observed :

"keeping in mind this well established position