1 AO 1148 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1148 OF 2010 Ananda Nivrutti Mohite .. appellant -versus Dr. Prem Singh .. Respondent. Mr. P.M. Khalar, for the appellant. CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. The memorandum of Appeal discloses that the challenge in this appeal is to the order dated 4th September, 2009, passed by the trial court in Contempt Notice of Motion No.242 of 2009. 2. Contempt Notice of Motion was obviously taken out by the appellant by invoking rule 2A of the Order XXXIX of Code of Civil Procedure, 1908. In view of clause (r) of Rule l of Order XLIII as amended by this Court w.e.f. 1st October, 1983, an Appeal from Order is not maintainable against the order of rejection of Application under Rule 2(A) of Order XXXIX of the Code of Civil Procedure, 1908. 3. Hence Appeal is dismissed as not maintainable. However, it will be open for the appellant to file appropriate proceeding for challenging the impugned order in accordance 2 AO 1148 OF 2010 with law. 4. Civil Application No.1405 of 2010 does not survive and the same is disposed of accordingly. (A. S. OKA, J.)