- (1.) THE present appeal has been filed against the order dated 31st March, 2011 passed by the learned Single Judge, whereby the operation of the order dated 27th January, 2011 passed by the Assistant Registrar has been stayed.
(2.) IT appears that an application for transfer of the matter was filed before the Registrar, Firms, Societies and Chits, Lucknow from the Assistant Registrar, Gorakhpur to some other Assistant Registrar by the contesting Respondents. He rejected the said application vide order dated 24th November, 2010 on the ground that the High Court vide judgment and order dated 22nd April, 2010 had directed the Assistant Registrar, Gorakhpur to decide the matter. The order dated 24th November, 2010 has been set aside by this Court vide order dated 20th January, 2011 passed in Writ Petition No. 2724 of 2011 wherein the Registrar was directed to pass a fresh order. However, the Court while passing the said order had also observed that the order would not preclude the Assistant Registrar concerned from proceeding with the matter till an order to the contrary is passed by the Registrar. The result of the order dated 20th January, 2011 passed by the learned Single Judge was that the transfer application filed by the contesting Respondent before the Registrar revived and the Registrar was directed to pass a fresh order. When the Assistant Registrar was apprised about the order dated 20th January, 2011 passed by this Court he proceeded to pass an order dated 27th January, 2011 pending adjudication of the transfer application, which has been challenged by the contesting Respondent before the learned Single Judge in which the operation of the order dated 27th January, 2011 has been stayed while the matter has been directed to come up in the week commencing 23rd May, 2011. We have heard Sri R.C. Dwivedi, learned Counsel for the Appellants, Sri Ashok Khare, learned Senior Counsel assisted by Sri Ajit Kumar Singh on behalf of Respondent Nos. 4, 5 and 6 and the learned Standing Counsel, who represents Respondent Nos. 1, 2 and 3 and have perused the impugned order dated 31.3.2011 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it.
(3.) AFTER hearing the learned Counsel for the parties, the Court is prima facie of the opinion that present is the case where the Court should not take any decision or observe anything on merits of the matter in favour of either of the parties as it would prejudice the parties on the hearing of the main petition and, therefore, we refrain from expressing any view on the issue on merits. However, we are of the considered opinion that as the order impugned in the present appeal is only an interim order and the matter has been directed to be listed in the week commencing 23rd May, 2011, in the special facts and circumstances of the case, no interference is called for. The parties may exchange their affidavits before the date fixed.;