1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR M.C.A.NO.49 OF 2011 IN WRIT PETITION NO.5709 OF 2010(D) (VYANKATESH @ VILAS WAMANRAO AMBEKAR..VS..PRAKASH @ DIWAKAR WAMANRAO AMBEKAR & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D.K. Dubey, Advocate for Petitioner. Mr. M.B.Naidu, Advocate for Respondent No.5. CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 21, 2011. Heard Mr. Dubey, the learned counsel for the applicant and Mr. Naidu, the learned counsel appearing for respondent No.5. The learned counsel for the applicant submits that it is mistakenly observed in the order, which is sought to be reviewed, that there was a remedy available to the petitioner to file an appeal under Order 43 Rule 1(r) of the Code of Civil Procedure against the impugned order though the petitioner was not challenging the order passed in favour of the respondents granting injunction and was challenging the order rejecting the application filed by the applicant / petitioner under Order 7 Rule 11 of the Code of Civil Procedure. According to the learned counsel for the applicant, an appeal under Order 43 of the Code of Civil Procedure would not lie against an order refusing to reject 2 the plaint. The submission made on behalf of the applicant appears to be just and reasonable. Hence, the order dated 7th December, 2010 is set aside, thereby restoring the Writ Petition No.5709 of 2010 to file. The Misc. Civil application is allowed and disposed of. JUDGE RR..