VIJAY CHOUDHARY Vs. VIMLABAI

JUDGEMENT

(1.) This intra-court appeal filed under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005, (in short 'the Act of 2005') arises from the order of the learned Single Judge dated 13.10.2008 passed in Writ Petition No.2565/2002.

(2.) At the outset, learned counsel appearing for the respondents raised a preliminary objection about the maintainability of this intra-court appeal on the ground that since the learned Single Judge has exercised supervisory jurisdiction under Article 227 of the Constitution of India, therefore, no appeal would lie under section 2 of the Act of 2005.

(3.) On the other hand, learned counsel appearing for the appellant relying on a judgment of the apex court in the case of Umaji Keshao Meshram and others Vs. Smt.Radhikabai and another, 1986 AIR(SC) 1272, sought to argue that the order of the learned Single Judge since has been passed in exercise of jurisdiction under Article 226 of the Constitution of India and, therefore, the order is appealable to a Division Bench of this Court.