ORDER

1. Heard.

2. Leave granted.

3. It appears that the learned Single Judge, without going into the question of maintainability of the appeal before the court concerned, directed consideration of the stay application. The approach is clearly untenable. Before directing consideration of the stay application, the High Court should have left the question of maintainability of the appeal itself to be decided by the appropriate court. We, therefore, set aside the order of the learned Single Judge. It is to be noted that the Division Bench did not go into the merits as it was of the view that the special appeal was not maintainable.

4. It would have been appropriate for the High Court to leave the question of maintainability of the appeal to be decided by the Small Cause Court. It shall be open to the respondents to bring to the notice of the Small Cause Court concerned that the appeal filed is maintainable/entertain able in terms of the governing statute. We, therefore, allow this appeal. The impugned orders are set aside.