SPECIAL APPEAL DEFECTIVE No. 65 of 2008 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 65 of 2008 State Of U.P. Thru Secy. Sec. Education And 3 Ors. .....Appellant(s) Versus Kamla Kant Misra And Anr. S/S 2497/2006 .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : Pankaj Bajpai, A.M. Tripathi Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. C.M. Application No. 10132 of 2008 This is an application for condonation of delay in filing the special appeal, supported with an affidavit. 2. The causes shown in the accompanying affidavit are found sufficient. 3. The application for condonation of delay is allowed and the delay in filing the appeal is accordingly condoned. Memo of Appeal 1. Supplementary affidavit filed on behalf of the opposite parties no. 1 and 2 is taken on record. 2. Heard. 3. This appeal is directed against an interlocutary order dated 14.12.2006. No doubt, if by an interlocutary order final relief has been granted, then special appeal is maintainable, but, considering the fact that in compliance of the interim order, the respondent herein is being paid salary since 2006, as, there was no stay in this appeal, we see no reason