- (1.) This intra court appeal under the Rules of the Court is directed against the order dated 15.02.2016 passed by learned Single Judge on Writ Petition No. 2531 of 2016 filed by the appellant, calling for a counter affidavit from the respondents within four weeks. The order under challenge reads as under. "Heard Sri Sanjeev Singh, learned counsel for the petitioner and Sri Vikram Bahadur Yadav, learned standing counsel for the respondents. Learned standing counsel states that he has received instructions and will be able to file counter affidavit. Let counter affidavit be filed within four weeks. List thereafter."
(2.) Learned counsel for the appellant submits that denial by the learned Single Judge to pass any order on the stay application adversely affect the rights of the petitioner-appellant. It is further submitted that though the order, on the face of record, tantamounts to procedural order passed in progression of the case, but it has the trappings of finality of the judgment as the same would result in serious and irreparable loss to the appellant. It is also submitted that in view of the facts and circumstances and the pleadings, the appellant was entitled for grant of interim order.
(3.) The core issue for consideration is whether the order passed by the learned Single Judge calling for counter and rejoinder affidavit without passing any interim order on the application of stay either granting or refusing will tantamout to a judgment within the meaning of Chapter VIII Rule 5 of the Court making it amenable to special appeal.;