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Judgment
7 paragraphs · 169 wordsDilip Gupta, J.
Respondent No.5 appellant aggrieved by an interim order dated 06.05.2009 passed by learned Single Judge in Civil Misc. Writ Petition No.23830 of 2009, has preferred this Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.
While granting time to the respondent appellant herein for filing the counter affidavit, learned Single Judge was prima facie satisfied that a case for interim relief was made out and accordingly stayed the impugned order.
Writ petition has not yet been disposed of. Any observation by us in this Appeal shall have bearing on the writ petition. All the points which the appellant has urged shall be heard in the writ petition itself.
Mr. Ashok Khare, learned Senior Advocate appearing on behalf of the appellant, can argue the case on merit before the learned Single Judge.
Needless to state that, in case it is so argued, the learned Single Judge in seisin of the writ petition shall consider the same.
Appeal stands dismissed with the aforesaid observation.