VIDYA DHARI KHANNA Vs. SANDEEP KHANNA

JUDGEMENT

(1.) Admit. Learned Counsel for the parties are agreed that the appeal can be dls- posed of right now.

(2.) A preliminary objection has been raised that the Letters Patent Appeal is not maintainable because this is an appeal against the appellate order of a learned Single Judge of this Court. A reading of Clause 10 of Letters Patent says that an appeal shall lie to the High Court from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction in respect of a deree or oder made in the exercise of appellate Jurisdiction by a Court subject to the superintendence of the High Court, and not being an order made in the exercise of revisional jurisdiction........), of one Judge of the said High Court........... Here the appeal before the learned Single Judge was not against the judgment of the Subordinate Court in the exercise of appellate jurisdiction and, therefore, the appeal is maintainable.

(3.) On merits we are of the view that the order of the learned Single Judge cannot be sustained. It is not disputed that the suit was in respect of 3.64 acre of land whereas the interim order has been passed against the appellant regarding 15 acres of land.