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Vinay Singh v. Kashi Nath Singh & Others - SPECIAL APPEAL No. 317 of 2007 [2007] RD-AH 4948 (20 March 2007)


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Court No.32

Special Appeal No. 317 of 2007

Vinay Singh .....Appellant


Kashi Nath Singh and others .....Respondents


Hon'ble S. Rafat Alam, J.

Hon'ble Krishna Mumari, J.

This intra Court appeal arises against the order of the learned Single Judge of this Court dated 21.2.2007 granting ad interim order in favour of respondent no.1, who has filed Civil Misc. Writ Petition No. 9231 of 2007.

Sri Ashok Khare, learned senior counsel appearing for the appellant vehemently contended that the Hon'ble Single Judge granted interim order, on the ground, inter alia, that no notice or opportunity of hearing was afforded to the petitioner-respondent before passing the impugned order which is factually incorrect for the reason that the petitioner-respondent himself tendered resignation on 12th December, 2006 which was accepted by the Committee of Management as well as general body in the meeting dated 17.12.2006. He further drew our attention to the affidavit of the petitioner-respondent which is enclosed as Annexure-3 to the affidavit filed in support of the stay application wherein the petitioner-respondent has stated on oath that he has submitted his resignation from the post of Manager of the institution in question and the same has been accepted by the Committee of Management as well as General Body on 17.12.2006. However, this fact has been disputed by Sri D.K.S.Rathore, learned counsel appearing for the petitioner-respondent no.1. He submitted that in fact the petitioner-respondent no.1 is continuing, as Manager and he never tendered his resignation as has been alleged nor the affidavit contained in Annexure-3 is a genuine document and the same has been manufactured by the appellant. It is also stated that an FIR has also been lodged in this regard.

Be that as it may, from the perusal of the order of the Hon'ble Single Judge, it is apparent that the issues involved have not been  finally adjudicated upon and the Hon'ble Single Judge being prima facie satisfied, granted interim order which cannot be termed to be a judgment and, thus the appeal would not lie under Chapter VIII Rule 5 of the Rules of the Court.  

We are, therefore, of the view that the order impugned in this appeal not being a judgment, the appeal is not maintainable. However, looking to the facts of the case and also in view of the fact that the matter is fixed for 26.3.2007 and the stay vacation application along with the counter affidavit has also been filed, We request the Hon'ble Single Judge to consider and dispose of the same expeditiously, preferably, on the same day, subject to the convenience and other business of the Court.

With this observation, this special appeal stands dismissed.




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