SAURABH CHATURVEDI Vs. ADESH SETH & ORS.

JUDGEMENT

(1.) SAURABH Chaturvedi, appellant herein, aggrieved by order dated 10.04.2009 passed by a learned Judge in C.M. Application No. 35429 of 2009 filed in Writ Petition No. 2817 (MS) of 2008, whereby a direction has been issued that till the next date of listing, no extraordinary general meeting shall be convened to consider the matter regarding expulsion of the writ petitioner and other members of the Lucknow Golf Club, has preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.

(2.) SHORN of unnecessary details, facts giving rise to the present appeal are that Adesh Seth, respondent no.1 herein, filed the writ petition, inter alia, praying for the following reliefs:-

(3.) MR . Sudeep Seth, appearing on behalf of respondents nos. 1 and 2, raises a preliminary objection to the maintainability of the appeal. He submits that the order impugned is an interlocutory order, which cannot be construed to be a judgment and, hence, the special appeal in terms of Rule 5 Chapter VIII of the Allahabad High Court Rules does not lie. He points out that the interlocutory order did not have the effect of finally disposing off the writ petition. In support of the submission, reliance has been placed on a decision of this Court in the case of Society Madarsa Mazahir Uloom Mubarak Shah Vs. Muzaffar Hussain, (1994) 1 UPLBEC 277, and our attention has been drawn to paragraph 11 of the judgment, which reads as follows:-