ASN 1 Appl.255.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.255 OF 2011 IN JUDGE’S ORDER NO.39 OF 2011 IN CHAMBER SUMMONS NO.199 OF 2011 IN EXECUTION APPLICATION LODGING NO. 1473 OF 2010 IN S.L.P.C.C.NO. 16440 OF 2010 IN PAUPER PETITION NO.4 OF 1996 IN SUIT NO.3993 OF 1997 Prakash Ganpat Sawant. ..Petitioner. Vs. Ravindra Babaji Satam and ors. ..Respondents. Petitioner present in person. Mr.P.G.Lad, AGP. for Respondent No.3. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 18 July 2011 PC: This appeal is directed against the order dated 23 February 2011 of the learned Trial Judge of this Court declining the appellant‘s request to pass order in terms of the Judge’s order by which the appellant sought leave of the Court as per Section 2(2) of the Maharashtra Vexatious Litigation (Prevention ) Act, 1971 as an order was already ASN 2 Appl.255.sxw passed earlier under the above Act prohibiting the appellant from instituting any proceeding and requiring the appellant to obtain leave of the Court in order to file any proceeding. 2 Apart from the other reasons, the learned Trial Judge has indicated that since the appellant’s suit is dismissed, there is no question of allowing him to file any execution application, no question of taking out any chamber summons in the execution application and of granting leave under Section 2(2) of the Act. 3 Sub section-3 of Section 2 of the Act specifically provides that no appeal shall lie against an order refusing leave for the institution or continuation of any proceedings by a person who is the subject of an order for the time being in force under sub section (1). 4 In view of the above specific statutory bar, the appeal is not maintainable and the same is accordingly dismissed as not maintainable. CHIEF JUSTICE GIRISH S. GODBOLE, J.