SHYAMVATI BAI Vs. CHATRA SINGH

JUDGEMENT

(1.) This appeal is filed with a prayer to set aside the order dtd. 25/4/2023 passed in Review Petition No. 292 of 2023. In terms of the order passed in review petition, the same was dismissed.

(2.) The miscellaneous petition was filed by the plaintiffs being aggrieved by order dtd. 1/11/2022 passed in RCSA No.32A of 2015 by the learned Second Civil Judge, Senior Division, Dindori in terms whereof the objection raised by the plaintiffs as to the admissibility of the Batwaranama on the ground that it is not registered and, therefore, in terms of Sec. 17 of the Registration Act is not admissible in evidence, was rejected. Questioning the same, the instant miscellaneous petition was filed under Article 227 of the Constitution of India. The learned Single Judge by order dtd. 14/3/2023 dismissed the miscellaneous petition. Aggrieved by the same, the plaintiffs filed the Review Petition No. 292 of 2023 under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (for short "the CPC") seeking to review the order passed by the learned Single Judge in exercise of the powers under Article 227 of the Constitution of India. The review petition was dismissed. Thereafter the instant writ appeal is filed.

(3.) The office has raised an objection with regard to the maintainability of the appeal. The respondents support the office objection on the ground that the writ appeal is not maintainable against the order which is originally passed under Article 227 of the Constitution of India and thereafter the review petition was dismissed.