MUNI KUMAR RAZDAN Vs. TRIMURTI CHARITABLE TRUST, GWALIOR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Madhya Pradesh High Court, Gwalior Bench, allowing the Letters Patent Appeal filed by the respondents. The appeal filed by the present respondents was directed against the order of the leaned Single Judge in Writ Petition 789 of 2000. Preliminary objection was raised by the present appellant taking the stand that the appeal was not maintainable as no orders have been passed. Learned Counsel for the present appellant submitted that the order passed by the learned Single Judge is not a judgment within the meaning of Clause 10 of the Letters Patent.

(3.) The appellants in the Letters Patent Appeal submitted that writ petition was decided without issuing notice to the appellants before the writ court i.e. present respondents. The petition was disposed of on the first day it was listed for admission at motion hearing stage and after recording presence of counsel for the State on advance notice.