(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)

1. We have heard Mr. Nachiket A.Dave, learned advocate appearing for the appellant and Mr. Dipal R.Ravaiya, learned advocate appearing for the respondent No.2.

2. This Letters Patent Appeal has been filed by the appellant-original petitioner challenging the order dated 25.04.2014 passed in Special Civil Application No.6090 of 2014 whereby the notice has been issued in the writ petition but the request for interim relief has been refused by the learned Single Judge. The order dated 25.04.2014 passed by the learned Single Judge is extracted below:

“Notice returnable on 30.6.2014. In view of the facts of the case, there quest for interim relief is refused.”

3. The counsel for the respondent No.2 has urged that the Writ Petition and this Letters Patent Appeal are not maintainable as the appellant-original petitioner has filed an application under the Guardians and Wards Act, 1890 (for short the 'Act') and under Section 47 an Appeal from Order would lie to this Court.

4. According to the learned counsel for the appellant, the private respondent-wife of the appellant herein presented the application for seeking interim custody