1 920 ao.1113.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1113 OF 2010 Smt. Pushpalata Gopal Worilkar and anr. ... Appellants Vs. Smt. Kamlibai Shambho and ors. ... Respondents ­­­­­ Ms. Archana K. Shirsekar for the Appellants. ­­­­­ CORAM : A.S.OKA, J. DATE : 11 th February, 2011. P.C. 1 By the impugned judgment and order, the Appeal Bench of the Court of Small Causes has remanded the suit filed by the 1 st and 2 nd respondents to the trial Court. Admittedly, the suit is under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The learned counsel appearing for the Appellants submitted that this appeal from order is maintainable under clause (u) of Rule 1 of Order XLIII of the Code of Civil Procedure, 1908. 2 920 ao.1113.10 2 The appeal before the Appeal Bench of the Court of Small Causes was preferred under sub­Section (1) of Section 29 of the said Act of 1947. Sub­Section (2) of Section 29 of the said Act provides that no further appeal shall lie against any decision in appeal preferred under sub­ Section (1). Hence, the appeal from order is not maintainable. 3 The appeal from order is accordingly dismissed as not maintainable. However, it will be open for the Appellants to file an appropriate proceedings for challenging the impugned judgment and order. 4 Civil Application No. 1373 of 2010 does not survive and the same is disposed of. [ A.S.OKA, J ]