JUDGMENT :- Upon a difference of opinion between Satish Chandra, J., and N.D. Ojha, J., the following question has been referred to me :

"Whether this appeal is maintainable ?"

2. The question has arisen in the following circumstances :-

3. The appellants filed a suit in the revenue Court under the U.P. Zamindari Abolition and Land Reforms Act for a declaration of their title to certain plots of land and for possession thereof. The suit was dismissed by the trial Court. The judgement and the decree of the trial Court were upheld in appeal and in second appeal. The appellants then filed a writ petition under Article 226 of the Constitution in this Court. This was done in 1970. The writ petition was substantially dismissed by a learned Single Judge on January 17, 1973. This special appeal was filed on March 2, 1973.

4. While the writ petition was pending the U.P. High Court (Abolition of Letters Patent Appeals) (Amendment) Ordinance, 1972 (U.P. Ordinance No. 12 of 1972) was promulgated by the Governor and came into force on June 30, 1972. The Ordinance was replaced by the U.P. High Court (Abolition of Letters Patent Appeals) Amendment) Act, 1972 (U.P. Act No. 33 of 1972). The Ac