spb/- 1 ao-1300-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1300 OF 2010 ALONGWITH CIVIL APPLICATION NO. 1471 OF 2010 IN A.O. NO. 1300/2010 1. Alfred SebastianD’Aguiar (since deceased) - – 1(a) Mrs. Blanche Alfred D’Aguiar & Ors. ... Appellants. V/s. Shri Mohammed Hussain & Anr. ... Respondents. --- Shri S.A. Jabbar i/by Tanvir Shaikh for the Appellants. ----- CORAM : D. G. KARNIK, J. DATE : 24th NOVEMBER, 2010. P.C. 1 The appellants took out notice of motion before the trial court praying that the Receiver be directed to terminate the agreement dated 07th December, 1998 and to evict the defendant no.2. with further prayer that the Receiver be directed to hand over vacant and peaceful possession of the suit property to the appellants. The trial court rejected the motion. The order rejecting the motion is challenged in this appeal. 2 In view of the provisions under section 104 read with section 43 of the Code of Civil Procedure, the appeal against such an order is not maintainable. In the circumstances, the Appeal is dismissed as not maintainable. spb/- 2 ao-1300-10.sxw 3 In view of the dismissal of the Appeal itself, the civil application no. 1471 of 2010 does not survive and the same is disposed of as such. [D.G. KARNIK, J.]