- (1.) HEARD Sri R.K. Ojha, senior counsel assisted by Sri Amit Kumar Singh for the appellant and Sri Anil Tiwari appearing for the respondent. Perused the record.
(2.) THE present intra Court appeal has been preferred against order dated 10.2.2015 passed in Writ Petition No. 5693 of 2015, Committee of Management through its Pradhan Mantri and others Vs. State of U.P. and others.
(3.) BY the order impugned which is an interlocutory order, the writ Court while granting time to the opposite parties including the present appellant for filing counter affidavit, has stayed operation of the order dated 21.1.2015 passed by the Assistant Registrar, Chits, Firms and Societies, Varanasi, by which election of the petitioner -respondent committee was set aside. Referring to the decisions rendered in M.K. Bajpayee Vs. State of U.P. and others, 2009 1 UPLBEC 752 and Chhatra Dhari Prasad and others Vs. Anil Kumar Gautam and others,2007 3 ADJ 85, a preliminary objection has been raised by Sri Anil Tiwari that against an interim order passed by the writ Court granting interim relief, special appeal is not maintainable as under Chapter VIII Rule 5 of the Rules of the Court, appeal lies only against a judgment and not otherwise.;