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1995 (11) TMI 463

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..... the Bombay High Court in L.P.A. Stamp No.26774/95 and the order dated 13.9.95 in Appeal from Order No.826/94. The petitioner claims to have entered into an agreement on June 21, 1973 to purchase certain lands from A.H. Wadia Charity Trust. In 1975, when one Mohd. Amin and others attempted to construct a boundary wall in the said land, he claimed to have filed Suit No.298 of 1975 in the Civil Cour .....

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..... ourt directed the Commissioner to demarcate the lands in exclusive possession and enjoyment of the petitioner within the compound wall by order dated September 13, 1995. Against that order, the petitioner filed Letters Patent Appeal contending that the order of the learned single Judge amounts to granting temporary mandatory injunction to break the compound wall and removing article etc. By the im .....

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..... n Order 43 save as otherwise expressly provided in the body of this Code or by any law for the time being in force and from no other orders. Sub-section (2) envisages that "no appeal shall lie from any order passed in appeal under this Section". It would, therefore, be clear that when an appeal was filed against the order of the City Civil Court, Bombay to the learned single Judge under .....

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