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2016 Supreme(Chh) 133

DEEPAK GUPTA, SANJAY K.AGRAWAL
Ramashankar, S/o Shri Ratiram – Appellant
Versus
Ishwari Prasad Thakur, S/o Kishun Lal Thakur – Respondent


Advocates Appeared:
For the Appellant :Mr. Sushobhit Singh, Advocate
For the Respondents:Mr. Praveen K. Dhurandhar, Mr. Vinod Deshmukh, Advocate

JUDGMENT :

Deepak Gupta, J.

1. A preliminary objection has been raised to the maintainability of this writ appeal on two grounds, firstly, that under the proviso to Section 2 of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 (for short 'the Act of 2006'), no appeal lies to the Division Bench where the order has been passed by the learned Single Judge in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India and secondly, on the ground that even if this Act was not there under the general law, no appeal lies to the Division Bench against a judgment or order passed by the Single Judge in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.

2. As far as the Act of 2006 is concerned, Section 2 reads as follows: -

“2. Appeal to the Division Bench of the High Court from a Judgment or order of one judge of the High Court made in exercise of original jurisdiction.—(1) An appeal shall lie from a judgment or order passed by one Judge of the High Court in exercise of original jurisdiction under Article 226 of the Constitution of India, to a Division Bench comprising of two Judges of the same High Court :

Provided th








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