ARCHANABEN WIFE OF NAIMESHBHIA PATEL DAUGHTER OF AMRUTBHAI PATEL Vs. NIMESHBHAI HARJIVANDASBHAI PATEL

JUDGEMENT

(1.) BY way of filing these appeals under Clause 15 of the Letters Patent, the appellants original respondents of Misc. Civil Applications No.1174 and 1175 of 2013 have challenged the order passed by the learned Single Judge whereby the learned Single Judge has allowed the transfer petitions while in other appeal, the learned Single Judge has rejected the transfer application.

(2.) MR Vivek Bhamare, learned advocate appearing for Mr Y.N. Ravani, learned advocate for the respondent has raised a preliminary objection about the maintainability of the writ petition in view of the decision of the Supreme Court in the case of Asrumati Debi , Appellant v. Kumar Rupendra Deb Raikot and others, Respondents, 1953 AIR(SC) 198 wherein in paragraphs 12, 13 and 15 it is observed as under:

(3.) HOWEVER , Mr Majmudar and Mr Parth Divyeshwar, learned advocate for the appellants have contended that the appeal is maintainable. They have relied upon the decision of the Apex Court in the case of P. S. Sathappan (Dead) by L.Rs., Appellant v. Andhra Bank Ltd. and others, 2004 11 SCC 672 para 30 and decision of the Full Bench of Kerala High Court reported in 2006 Kerala 15 FB page 58. In the case of P.S. Sathappan the Five Bench Constitution Bench has held as under in paragraph 30: