1. Following the ruling in Laxmi horn Tatya v. Aba bin Appaji 10 Bom. L.R. 924 : 32 B. 634 the reasoning of which applies to the facts of the
present case, we must hold that no appeal lies to this Court from the order of the Assistant Judge, but that the appeal lies to the District Court. We,
therefore, return the appeal for presentation to the District Court.
2. The respondent must have his costs of this appeal.