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Judgment
4 paragraphs · 221 wordsThe present writ appeal is directed against an order dated 4th February, 2022 passed by the learned Single Judge in CMP No.1080 of 2017 which was challenging an interlocutory order dated 24th August, 2017 passed by the Civil Judge, Senior Division, Jaleswar in a petition filed by the Appellants/Plaintiffs in C.S. No.232/2014-1/C.S. No.308/2016-1 seeking recall of the Plaintiffs witness for his re examination.
Giving the nature of the proceedings and the impugned order passed, learned counsel for the Appellants was asked by this Court thrice to explain how the present writ appeal was maintainable since the impugned order was obviously passed by the learned Single Judge in exercise of the jurisdiction under Article 227 of the Constitution. Learned counsel for the Appellants was unable to give any satisfactory answer.
In view of the judgment of the Full Bench of this Court in Mohammed Saud v. Dr. (Maj) Shaikh Mahfooz 2008(II) OLR (FB) 725 which has been affirmed by the Supreme Court in Mohammed Saud V. Dr. (Maj) Shaikh Mahfooz (2010) 13 SCC 517, the present writ appeal is not maintainable and is therefore not entertained. However, it would be open to the Appellants to seek other appropriate remedies as may be available to them in accordance with law. The writ appeal is dismissed in the above terms.
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