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Shail Bhargava (Smt.) & Anr. vs. Smt. Shanti Devi & Ors.

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Rajasthan High Court Rules, 1952–Rule 134–During the pendency of first appeal, the judgment debtor moved the application for extending the time for deposit of mesne profit–Allowed–Instant special appeal–Maintainability–Impugned order is an order having the trappings of the judgment passed in exercise of an appellate jurisdiction in respect of a decree or order passed by the Court subject to the superintendence of the High Court–It falls in the first category of the excepted matters and such is not amenable to special appeal under Rule 134–Further, the provisions of Sec. 100A provide that where an appeal from original or appellate decree or order is heard and decided by a Single Judge of the High Court and order is passed thereon, no further appeal shall lie to the High Court–Appeal deserves to be dismissed as not maintainable.