(1.) Present Special Appeal is filed by Divisional Forest Officer/Appellant challenging the impugned interim order dtd. 12/10/2023 passed in WPMS No. 2870 of 2023, whereby learned Single Judge stayed the effect and operation of eviction orders dtd. 30/9/2023 and 3/10/2023 passed by Prescribed Authority/Divisional Forest Officer, Dehradun under Sec. 61(A) of Indian Forest Act, 1927 as applicable in Uttarakhand.
(2.) As per provision contained in Chapter VIII Rule 5 of High Court Rules, Special Appeal would lie only against a judgment. Relevant provision of High Court Rules is extracted below:-
(3.) Since order challenged in this appeal does not qualify to be a judgment, therefore, we refuse to interfere with the same.