FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.105/09 APPEAL AGAINST ORDER NO.124/2008 Shyam Keshavrao Rakhonde ..vs.. M/s Pankajkumar Nirajkumar ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. CORAM : S.R. DONGAONKAR J. DATED : 6 th AUGUST, 2009. Heard counsel for the parties. Respondent has filed this application to object the appeal as not maintainable, as according to him second appeal would be maintainable against the impugned order. On perusal of the record, it appears that the appellant had earlier filed this appeal as second appeal, however by order dated 12.12.2008 it was found that the second appeal would not be maintainable, but appeal against order would be maintainable. As such second appeal was converted into the appeal against order. As such, this application cannot be considered. Same is rejected. However, liberty to applicant to take appropriate other proceedings to challenge that order. Application stands disposed of. List the appeal against order in due course. JUDGE SMP