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Mayank Pal Rao v. Kuber Nath Mishra & Others - SPECIAL APPEAL No. 11 of 2006  RD-AH 258 (4 January 2006)
Special Appeal No.11/06
Hon'ble S. Rafat Alam, J.
Hon'ble Sudhir Agarwal, J.
Heard Shri Ashok Khare, learned Senior Counsel appearing for the appellant and Shri R.K. Ojha, learned counsel appearing for respondent no.1 and the learned Standing Counsel appearing for respondent nos.2 to 5.
We are of the view that the order under appeal is an interim order and the right of parties has not been finally adjudicated upon and as such it is not a judgment against which special appeal is maintainable under Chapter VIII Rule 5 of the Rules of the Court. However, we are further of the view that since by the interim order the payment of salary of the appellant is stayed, the writ petition itself requires to be decided by the Hon'ble Single Judge at an early date.
Therefore, we request the Hon'ble Single Judge to decide the writ petition on merit expeditiously, preferably within three months after hearing the learned counsel for the parties on merit subject to other business of the Court.
With this observation the special appeal stands dismissed as not maintainable.
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