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2018 (10) TMI 1756 - HC - Indian LawsLawful Trustees/Board of Trustees of the Public Trust or not - Whether the proceedings before the learned Single Judge was initiated in exercise of original jurisdiction under Article 226 of the Constitution of India or the proceedings in exercise of supervisory jurisdiction under Article 227 of the Constitution of India? HELD THAT:- The true nature and substance of the order of the learned Single Judge was to exercise power under Article 227 of the Constitution of India. There is no indication of the Court having exercised powers under Article 226 of the Constitution of India as such. Indeed, the learned Single Judge has opined in the judgment by fairly noting the fact that the writ petition filed by the respondent was under Articles 226 and 227 of the Constitution of India. The learned Single Judge in the entire order reiterating the pleadings, issues and both oral and documentary evidence adjudicated before the learned District Judge has proceeded to pass the impugned order which clearly depicts that the learned Single Judge has exercised the power under Article 227 of the Constitution of India. It is clear that the impugned order has been passed by the learned Single Judge in exercise of powers under Article 227 of the Constitution of India and therefore, the present appeal filed under Section 4 of the High Court Act, is not maintainable. The writ appeal filed under the provisions of Section 4 of the High Court Act, against the order passed by the learned Single Judge exercising powers under Article 227 of the Constitution of India is not maintainable - Appeal dismissed.
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