1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.11 OF 2005 FROM ORDER NO.11 OF 2005 FROM ORDER NO.11 OF 2005 Nestor Kinny & Anr. ...Appellants Vs. Philip John Kinny & Ors. ...Respondents Mr.Atul Tungare & V.S.Phatak for the Appellants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: JANUARY 18, 2005. JANUARY 18, 2005. JANUARY 18, 2005. P.C.: P.C.: P.C.: 1. Heard Counsel appearing for the Appellant. The Appeal is preferred by the original Defendant Nos.1 and 2 for challenging the order dated 18th October 2004. By the said Judgment and Order the learned Trial Judge has decided two preliminary issues. The first issue is regarding the jurisdiction of the Trial Court to entertain the suit and the second issue is regarding maintainability of the suit. The learned Trial Judge held that the Court had jurisdiction to entertain and try the suit and the suit was maintainable. This order is not appellable either under Section 104 or Order XLIII Rule 1 of the Code of Civil Procedure, 1908. Hence, Appeal is dismissed as not maintainable. 2. The dismissal of the Appeal will not preclude the Appellants from taking out appropriate proceedings for challenging the impugned order. Judge. Judge. Judge.