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1900 Supreme(Mad) 6

Abdul Rahiman Sahib and Bhanu Bibi – Appellant
Versus
Ganapathi Bhatta – Respondent


JUDGMENT

1. A preliminary objection has been taken to the hearing of these appeals on the ground that no appeal lies. The order which is sought to be set aside is an order dated July 14, 1899, which purports to have been made in a Miscellaneous Petition presented in the Court of the District Judge by one Ganapathy Bhatta. The petition appears to ask that the guardians of certam minors, who have been appointed by the Court under the Guardian and Wards Act should be removed. In the order of July 14th which the guardians now seek to have set aside, the District Judge purports to issue an injunction under Section 492 of the Code of Civil Procedure for the attachment of the estate of the minors and to appoint a receiver to manage the estate. In making this order the judge seems to have acted under a misconception of his powers under Section 43 of the Guardians and Wards Act. That section provides that when an order made under Sub-section 1 is disobeyed, the order may be enforced in the same manner as an injunction under Sections 492-and 493 of the Code of Civil Procedure. The section does not confer jurisdiction to issue an injunction, but merely in the case of disobedience to an order u

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