1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No.894 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel for the parties. 2. The Second Appeal is not maintainable as the same is against order rendered in the execution proceedings. It appears that the appellant had filed Writ Petition, wherein the Court observed that the remedy is by way of ap0peal and, therefore, influenced by such order, this appeal came to be filed. 3. The appeal is remitted to the first appellate Court with direction to consider the same on merits including the question of maintainability thereof and to dispose it of. For, the Second Appeal is not at all tenable. The first appellate Court shall decide the question involved in the matter within a period of four (4) months after receipt of the writ along with R & P. 4. The parties are directed to appear before the first appellate Court on 1.2.2010. (V.R.KINGAONKAR,J.) Dt.11.12.2009. asp/office/sa894.2008