UNIVERSITY OF LUCKNOW THROUGH THE VICE Vs. STATE OF UTTAR PRADESH THROUGH THE SECRETARY, LOCAL SELF GOVERNMENT, U.P. CIVIL SECRETARIAT, LUCKNOW AND OTHERS

JUDGEMENT

(1.) This special appeal is directed against the order dated 3-11-1971 of a learned Single Judge of this Court dismissing an application of the appellant praying for restraining S/Sri Lalta Prasad and sons from making any further constructions on the foot-path adjacent to the western boundary of Lady Kinniard. Hospital building and installing a petrol pump, etc. thereon. By the same order an ad interim order granted earlier restraining constructions was also vacated. The said application was moved for interim relief in connection with writ Petition No. 1312 of 1971. The concern S/Sri Lalta Prasad and Sons was opposite party No. 5 in the writ petition and is respondent No. 5 in the special appeal. The appellant is the University of Lucknow which owns the said hospital building.

(2.) A preliminary point has been raised on behalf of respondent No. 5 that the special appeal does not lie from the order impugned. We have heard learned counsel on both sides on this preliminary point and we are recording our finding on that point. Since we have come to the conclusion that the special appeal is not maintainable there is no question of hearing the appeal on merits and we are going to dismiss it on the ground of its being not maintainable.

(3.) The special appeal purports to have been filed under Rule 5 of the Chapter VIII of the Rules of Court, 1952. The said rule reads-