S.P.Mehrotra, Arun Tandon - (1.) -The present special appeal has been filed against an order dated 13.5.2008 passed by the learned single Judge in Civil Misc. Writ Petition No. 23990 of 2008, whereby time for filing counter-affidavit and rejoinder-affidavit in the writ petition has been granted and the case has been directed to be listed after the expiry of the period mentioned in the said order.
(2.) NO order appears to have been passed on the stay application filed alongwith the writ petition. The grievance of the petitioner-appellant is that the order dated 13.5.2008 amounts to rejection of the prayer for stay made in the stay application accompanying the writ petition, and the same has resulted in making the writ petition infructuous. Sri M. A. Khan, learned counsel for the petitioner-appellant submits that the order dated 13.5.2008 amounts to rejection of the prayer for stay made in the stay application accompanying the writ petition, and, therefore, the special appeal is maintainable against the said order.
(3.) HAVING considered the submissions made by the learned counsel for the petitioner-appellant, we find ourselves unable to accept the same. No order has been passed on the stay application accompanying the writ petition either granting or refusing to grant the stay order. By the order dated 13.5.2008, the learned single Judge has only granted time for filing counter-affidavit and rejoinder-affidavit, and the petitioner-appellant cannot possibly be aggrieved by the said order.;