1. This intra-Court appeal filed under section 2 (1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyarn, 2005 (in short 'the Act of 2005') arises from the order of the learned Single Judge dated 13.10.2008 passed in Writ Petition No. 2565/2002.

2. At the outset, learned counsel appearing for the respondents raised a preliminary objection about the maintainability of this intra-Court appeal on the ground that since the learned Single Judge has exercised supervisory jurisdiction under Article 227 of Constitution of India, therefore, no appeal would lie under section 2 of the Act of 2005.

3. We have heard the learned counsel for the appellant and the learned counsel for the respondent on the question of maintainability of the appeal.

4. The learned counsel appearing for the respondents drew our attention to the proviso to section 2 of the Act of 2005 and submitted that when the learned Single Judge has exercised supervisory jurisdiction under Article 227 of the Constitution of India, no right of appeal is provided under the Act of 2005. He further placed reliance on a Full Bench judgment of this Court in the case of Dr. Jaidev Siddha and others v. Jaiprakash Siddha