- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4114/2009 Ayub s/o Osman Pathan. ...Petitioner.. Versus Shaikh Musa s/o Pir Mohammad and another. ...Respondents... ..... Shri Ganesh V. Mohekar, Advocate h/f Shri S.J. Salunke, Advocate for petitioner. Shri K.F. Shingare, Advocate for respondent no.1. ..... CORAM: K.K. TATED, J. DATE: 05.09.2009 PER COURT: The learned counsel appearing on behalf of petitioner states that Advocate on record is out of town and, therefore, the matter may be adjourned. On the other hand, the learned counsel appearing on behalf of respondent no.1 states that the present writ petition is not maintainable in view of Order XLIII (1)(s) of the Code of Civil Procedure. The learned counsel appearing on behalf of respondent no.1 states that the trial Court decided the application dated 17.1.2009 about appointment of Court Receiver. The said application was under Order XL Rule 1 of the C.P.C. Against the order under Order XL (1) of the C.P.C., Appeal From Order is provided under Order XLIII (1)(s) of the - 2 - C.P.C. It is a fact that the present petition is filed against the order passed by the trial Court for appointment of Court Receiver and, therefore, the petition is not maintainable. It is dismissed. (K.K. Tated, J.) ndk/c590916