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It's an application like any other. How can it not be heard by the judge at first instance?

On reading the judgment, my take is that he has tried to do two things. Number one: succeed in making himself appeal-proof, albeit in a very untidy, kitchen-sink way. Number two: position himself for a leg-up to a higher Bench.

I think he might just have succeeded in only one of his endeavours, while damning his chances for the other.