1. Even though it is mentioned that its a 'writ' petition, technically it is not
2. Its merely a petition under 227
3. Lawyers write writ petition while invoking 227 because this is perhaps the requirement of the stupid HC registry
4. So just because its a petition filed under 227 but mentioned as a 'writ petition' that doesn't mean that the petition itself is not maintanable
5. The word 'writ' used in the 227 petition can at best be ignored
6. But that's not my point
7. I am saying that it is very much possible to file a 227 petition in HC to challenge the appellate order of a court which is subordinate to HC
8. If you check text of 227, it says its for superintendence over lower courts
9. So even if there may be a remedy of appeal available against the order of appellate court itself, that would not preclude one from filing a 227 petition, because the petition merely complaints that there is something patently wrong in the order which is under challenge in the petition
10. Yes, had it been a 226 petition, then petitioner would have to first exhaust alternate remedies available to him against the offending order and if he fails in all such remedies, then he can file 226 petition requesting for issuing any of the prerogative writs mentioned in 226
11. In your case, there is remedy available to petitioner to file a second appeal under CPC with HC. But he can very well file a 227 petition to challenge the appellate court order. Had he filed a 226 petition, the court itself would have asked petitioner to exhaust his remedy of second appeal first and if he fails there, then he could complain to HC in 226 petition against the second appellate order
12. There is a big difference between 226 and 227
13. LPA is abolished. There is an act for the same uploaded on Bom HC website. Check that. Or just go to the registry and ask some sane person whether LPA is still allowed. I dont think it can be filed now, but still you can confirm