J. B. PARDIWALA, J. The appellants-original petitioners by way of this appeal seek to challenge order dated 5th April, 2010 passed by the learned Single Judge whereby learned Single Judge dismissed the petition.

2. When this matter was taken up for hearing, we noticed that the entire matter arises from the suit proceedings pending in the Court of the Additional Civil Judge, Vyara. Prima facie, at the very outset, we were of the view that the appeal under Clause 15 of the Letters Patent against the order of the learned Single Judge would not be maintainable as the petition was substantially under Art. 227 of the Constitution of India and the nature of powers exercised by the learned Single Judge are also supervisory in nature. However, learned Counsel for the appellants vociferously submitted that the petition before the learned Single Judge was under Arts. 226 and Art. 227 of the Constitution. If the petition is under Art. 226 of the Constitution, then, the order of the learned Single Judge can be assailed by filing an appeal under Clause 15 of the Letters Patent.

3. Learned Counsel for the appellants would submit that till the time Legislature effected the necessary amendmen