Bondalpati Nageshwarrao S/O Vyankateshwarrao v. Ramkoti S/O Vyankatratnam Vajja And ANR

lpa477-12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LETTERS PATENT APPEAL No.477 OF 2012 in WRIT PETITIION No. 856 OF 2012 Shir Bondalpati Nageshwarrao s/o Vyankateshwarrao -Vrs.- Ramkoti s/o Vyankatratratnam Vajja and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri A.P. Padhye, counsel for appellant.

CORAM : B.R. GAVAI AND P.N. DESHMUKH , JJ.

DATED : 4 th JANUARY, 2016 The Hon'ble Apex Court in the case of Radheshyam and another Vs. Chhabinath and others reported in (2015) 5 SCC 423 has held that whenever judicial orders passed by the civil courts are challenged by the party, they are amenable only to a jurisdiction of this court under Article 226 and not to the jurisdiction under Article 227. Undisputedly, the order of the learned Single Judge out of which the present appeal arises has considered in the correctness or otherwise of the order passed by the learned Civil Judge, Junior Division, Mouda. In that view of the matter, we find that the present appeal would not be tenable. It is, therefore, rejected on the ground of tenability.

JUDGE JUDGE Hirekhan