BHASKAR BHATTACHARYA, J.B.PARDIWALA
REVABEN WD/O AMBALAL MOTIBHAI – Appellant
Versus
VINUBHAI PURSHOTTAMBHAI PATEL – Respondent
(PER : HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA)
1. All these Letters Patent Appeals were heard analogously for the purpose of deciding a preliminary objection raised by the respondents that these appeals are not maintainable under Clause 15 of the Letters Patent in view of the fact that the learned Single Judge really exercised jurisdiction under Article 227 of the Constitution of India. According to the learned counsel appearing on behalf of the respondents, if a learned Single Judge of this Court, in substance, exercises jurisdiction under Article 227 of the Constitution of India, the same is not appealable under Clause-15 of the Letters Patent. According to those learned counsel, only if, the learned Single Judge exercises original jurisdiction under Article 226 of the Constitution of India, in that event, a Letters Patent Appeal under Clause-15 of the Letters Patent is maintainable and not otherwise.
2. Before we proceed to decide the aforesaid question, it will be profitable to refer to the facts in which these four Letters Patent Appeals have been preferred.
2.1 LETTERS PATENT APPEAL NO. 1220 OF 2012:
This Letters Patent Appeal is at the instance of the unsu
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