1 14-ao.612.03 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 612 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms. Suparna Holmagi i/b Mrs.Sunita M.Poddar for the Appellant. Mr. Rajendra Mishra for Respondent No.3. CORAM : A.S.OKA, J. DATE : 18 th April, 2011. P.C. 1 The appeal is directed against an order dated 14 th July, 2003 by which direction has been issued to the Court Receiver to lock the suit premises. The operative part of the said order reads thus: “-: O R D E R :- (a) The Court Receiver shall look the suit premises and put up her seal thereon. (b) Defendant No.2 and applicant shall take out such applications as they are advised to prosecute the suit between them. (c) The respective claims of both Defendant No.2 and the applicant shall be considered only at the trial and subject to the examination of their common predecessor-in-title, Atmaram. (d) The suit premises shall remain locked, until the disposal of the suit upon trial. (e) NOC. (f) This order is stayed for 4 weeks.” 2 14-ao.612.03 2 Appeal from order against the aforesaid order is not maintainable either under Order XLIII or under Section 104 of the Code of Civil Procedure, 1908. Hence, the appeal from order is dismissed with liberty to the Appellant to file appropriate proceedings for challenging the impugned order. Interim relief in appeal to continue for eight weeks from today. 3 Pending civil applications do not survive and the same are disposed of. [ A.S.OKA, J ]