Citation : 2025 Latest Caselaw 8223 ALL
Judgement Date : 26 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:100151-DB Court No. - 64 Case :- SPECIAL APPEAL DEFECTIVE No. - 415 of 2025 Appellant :- K. Ragupathi Respondent :- State Of Uttar Pradesh And 5 Other Counsel for Appellant :- K. Ragupathi Counsel for Respondent :- Ashutosh Mishra,C.S.C. Hon'ble Jayant Banerji,J.
Hon'ble Madan Pal Singh,J.
1. Heard learned counsel for the appellant.
2. This special appeal has been filed against the order dated 5.5.2025, passed by a learned Judge in Writ-A No. 4088 of 2022 (K. Raghupathi Vs. State of U.P. and 5 others).
3. A perusal of the order under challenge reflects that it is an interlocutory order granting adjournment on the request of counsel for the respondent nos. 3 and 6. A coordinate Bench of this Court in the case of Har Nath Singh Vs. State of U.P. and others in Special Appeal No. 1115 of 2019 held that the special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules is provided against a judgment and not against any interim order, stay order or interlocutory order.
4. That being the rule under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, the instant appeal is not maintainable and is, therefore, dismissed.
Order Date :- 26.6.2025
sfa/
(Madan Pal Singh, J) (Jayant Banerji, J)
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