VITHAL BOGRA SHETTY Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) In this intra-court appeal challenge is made to the order dtd. 8/8/2019 passed in Special Civil Application No.1642 of 2017 whereunder the petition filed by the appellant (hereinafter referred to as "the petitioner" for the sake of convenience) under Articles 226 and 227 of the Constitution of India challenging the judgment and order dtd. 30/12/2016 passed by the Additional District Judge in Regular Civil Suit No.1 of 2006 who had confirmed the order dtd. 19/1/2005 passed by the Competent Authority under the provisions of the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 (for short "PP Act") came to be affirmed and thereby Special Civil Application came to be dismissed.

(2.) While issuing notice of this appeal on 21/10/2019, this Court had directed maintenance of status-quo with regard to possession of the plot in question. The order which came to be passed on 21/10/2019 passed by the coordinate Bench reads :

(3.) The maintainability of the appeal has been questioned by the respondents and Shri Mihir Joshi, learned Senior Counsel appearing on behalf of respondent Nos.1 to 3 has contended that the intra-court appeal is not maintainable as the order passed by the Civil Court had been challenged before the learned Single Judge and in the light of plethora of cases including the judgment of the Hon'ble Apex Court in the case of Life Insurance Corporation of India Vs. Nandini J. Shah, reported in (2018) 15 SCC 356, he would submit that writ application which had been filed before the learned Single Judge is to be construed as one filed invoking Article 227 of the Constitution of India and as such, no intra-court appeal would lie against the order passed in exercise of power under Article 227. Hence, he prays for rejection of the appeal as not maintainable.