IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. SECOND SECOND SECOND APPEAL NO.931 OF 2006. APPEAL NO.931 OF 2006. APPEAL NO.931 OF 2006. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri Vivek Salunkhe for the Appellant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 11th February, 2008. : 11th February, 2008. : 11th February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the appellant. The appellant who is a judgment debtor has challenged the judgment and order dated 23rd June, 2006 passed by the District court. The said judgment and order was delivered in an appeal preferred by the appellant under Order XLIII Rule 1 (i) of the Code of Civil Procedure, 1908. No Second Appeal is maintainable against an order passed by the District Court in an Appeal from Order in view of the mandate of section 104 of the Code of Civil Procedure, 1908. Hence, Second Appeal is not maintainable. Second Appeal is accordingly dismissed with no orders as to costs. However, notwithstanding the dismissal of the Second Appeal, it will be open for the appellant to file appropriate proceedings for challenging the impugned judgment and order. All contentions of the parties are kept open. : 2 : 2. Civil Application Nos.1422 of 2006 and 754 of 2007 do not survive and the same are disposed of. Judge. Judge. Judge.