Supreme Court of India · 2008-12-19
Mangaji Lalaji Thakor vs Ajay H. Patel & Ors
- Court
- Supreme Court of India
- Petitioner
- Mangaji Lalaji Thakor
- Respondent
- Ajay H. Patel & Ors
- Bench
- R.M. Lodha, D.K. Jain
Judgment text excerpt
The Supreme Court clarified that the appeal against the Single Judge's order was maintainable as the petition was effectively under Article 226 of the Constitution, despite being labeled under Article 227. The Court found that the Division Bench's conclusion, which dismissed the appeal based on the erroneous interpretation of the jurisdiction exercised by the Single Judge, was incorrect. Consequently, the Court allowed the appeal, set aside the Division Bench's order, and directed the matter to be restored for a decision on merits.