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C/m, Sanatan Dharm Inter College & Another v. Pramod Kumar Pandey�& & Others - SPECIAL APPEAL No. 207 of 2005  RD-AH 545 (25 February 2005)
Court No. 32
Special Appeal No. 207 of 2005
Committee of Management, Sanatan Dharama Inter
College,Hasanpur, District Mainpuri & others ..........Appellants.
Sri Pramod Kumar Pandey and others ........Respondents.
Hon'ble S.Rafat Alam J.
Hon'ble Vikram Nath J.
We have heard Sri Yogesh Kumar Saxena learned counsel for the appellant and Sri P.K.Jain learned counsel appearing for the petitioner-respondent no.1.
It appears that by the order impugned in this appeal, learned single Judge has granted interim order after having satisfied that a prima-facie case for grant of interim order is made out. It further appears that at the time of passing of interim order, learned counsel for the respondent no.4 who is appellant no.2 in this petition was also heard. Three weeks time was allowed to file counter affidavit. It further appears that the interim order was directed to remain operative till the next date of listing.
It is strange that the appellant instead of filing counter affidavit in that proceeding has preferred this appeal. Special Appeal under Chapter VIII Rule 5 of Rules of the Court lies against the judgment of one Judge and not against an interim order when it does not amount to deciding the controversy finally. The learned single Judge in the order which is impugned in this appeal after recording the contention of learned counsel for the petitioner by interim order stayed the operation of the order of Joint Director Education, Agra dated 17.10.2003 till the next date of listing, which cannot be held to be a judgment and as such this appeal is not maintainable under the rules of the Court.
We therefore, dismiss the appeal as it is not maintainable. However in the facts of the case it is observed that it will be open to the appellant to move stay vacation application along with counter affidavit at an early date and we have no doubt that upon such application being made, the same shall be disposed of expeditiously or the writ petition itself may be decided on merits at an early date.
With these observations, this appeal stands dismissed.
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