Dilip Gupta, J. - (1.) WRIT petitioner-appellant, aggrieved by order dated 28.04.2009 passed by a learned Judge in Civil Misc. WRIT Petition No. 21595 of 2009, has preferred this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. In sum and substance, the order impugned directs for issuance of notice to respondent no.6 and for filing counter and rejoinder affidavits. We wonder as to how the appellant is aggrieved by such an order. It has been contended by Mr. C.B. Yadav appearing on behalf of the appellant that in view of the observations made by the learned Judge himself, he ought to have stayed the order of transfer. He submits that interference by this Court is called for in view of a Division Bench judgment of this Court in the case of A.S. (Degree College) Association and Anr. Vs. The Vice Chancellor, C.C.S.U., Meerut and Ors., (2007) 1 UPLBEC 533. We do not find any substance in the submission of Mr. Yadav. We have perused the order of learned Judge and from that, it is evident that neither the appellant has been granted interim order staying the transfer order nor the same has been refused. In that circumstance, we are of the opinion that it was open for the appellant to pray before the learned Judge for staying the operation of the order of transfer instead of filing this appeal. We are of the opinion that this special appeal is absolutely misconceived and is dismissed with cost of Rs. 1,000/- to be paid by the appellant to the Allahabad High Court Legal Service Committee.;