- (1.) Respondents 3 and 4-appellants, aggrieved by order dated 17.11.2009 passed by a learned Single Judge in Civil Misc. Writ Petition No. 57084 of 2009, have preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952. The order impugned is interim in nature. It reads as follows: "Till next date of listing the effect and operation of the impugned order dated 17.8.2009 passed by the Deputy Registrar (Firms, Societies and Chits), Kanpur Region, Kanpur shall remain stayed and the consequential elections held on 3.9.2009 shall be kept in abeyance."
(2.) Mr. H.R. Mishra, Senior Advocate, appearing on behalf of the appellants, submits that in view of the inter se finding between the parties in Special Appeal No. 1486 of 2008, the writ petition itself was not maintainable and, hence, the learned Single Judge ought not to have passed any order.
(3.) However, Mr. M.D. Singh 'Shekhar', appearing on behalf of writ petitioners, respondents 1 to 3 herein, submits that the writ petition is maintainable and the learned Single Judge did not err in passing the interim order.;