PANAPATRI PODHA Vs. KESHAB PODHA

JUDGEMENT

(1.) HEARD Mr. Goutam Mukherji, learned counsel for the appellant and Mr. U.K.Samal, learned counsel for the respondents.

(2.) THIS writ appeal is directed against the interlocutory order passed by the learned Single Judge dated 29.9.2010 passed in Misc. Case No.571 of 2009 and order dated 1.11.2010 passed in Misc. Case No.618 of 2010 arising out of R.S.A. No.289 of 2008 which is still pending before the learned Single Judge.

(3.) MR . Mukherji, learned counsel for the appellant on the previous date of hearing i.e. on 16.11.2010 made oral submission before the Court to convert this writ appeal as Laters Patent Appeal. On that date Mr. Samal taken notice on behalf of the respondents and contended that the objection raised by the Office regarding the maintainability of the writ appeal is correct. So he requested the Court to list the matter today for preliminary hearing. Mr. Samal, in support of his submission has placed reliance upon a Full Bench decision of this Court in the case of Mahammed Saud and Ors. Vs. Dr. Maj) Shaikh Mahfooz and Anr., 2009 AIR(Ori) 46as well as on a Full Bench decision of the Madhya Pradesh High Court in the case of Smt. Seema Mitra Vs. Smt. Lotika Mitra, 1995 AIR(MP) 128He has also placed reliance on a Division Bench decision of Madhya Pradesh High Court in the case of Kamla Bajpai and Ors. Vs. Smt. Sharda Devi Bajpai, 2002 AIR(MP) 262wherein the aforesaid Full Bench decision of the M.P. High Court has been referred to in support of his legal submission against the interlocutory order passed in RSA, the writ appeal is not maintainable before this Court. He has also placed reliance upon Section 100 -A of the Civil Procedure Code (CPC) which provides for No further appeal in certain cases. The provisions of the said Section is extract below :