JUDGEMENT
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(1.)(For himself and on behalf of A. Varadrajan, J.):---This appeal by special leave is directed against an order dated Janaury 15, 1981 of the Division Bench of the Bombay High Court by which the appeal filed by the appellant against the order of the trial Judge was dismissed on the ground that the appeal was not maintainable as the order impugned was not a judgment within the meaning of Clause 15 of the Letters Patent of the High Court.
(2.)After hearing Counsel for the parties at great length we passed the following order on April 22, 1981:---
We have heard Counsel for the parties at great length. In our opinion, the appeal before the High Court was maintainable and the High Court should have entertained and decided it on merits.
"We, therefore, allow this appeal, set aside the judgment dated Janaury 15, 1981 of the Division Bench of the Bombay High Court and remand the case to the same to decide it on merits. The High Court will dispose of the appeal as quickly as possible. The interim order passed by this Court on February 16, 1981 will continue until the High Court disposes of the appeal. Liberty to parties to approach the High Court for fixing an early date of hearing. In the circumstances, there will be no order as to costs. Reasoned judgment will follow."
(3.)We now set out to give the reasons for the formal order allowing the appeal which was passed by us on the aforesaid date.