1 ao1226 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET APPEAL FROM ORDER NO.1226 OF 2010 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.V.P.Vaze for the Appellant Mr.Prashant Prabhu for the respondent nos.1 and 2s CORAM: A.S.OKA,J. DATE : FEBRUARY 21,2011 P.C.: 1 Heard learned counsel for the appellant. The order impugned appears to have been passed in exercise of power under Rule 5 of Order XXXVIII of the Code of Civil Procedure,1908. Hence, the appeal will not be maintainable on the basis of clause (q) of Rule 1 of Order XLIII of the said Code. Appeal is dismissed only on the ground that the same is not maintainable by keeping the remedy of the appellant open. JUDGE