C.M. LODHA, C.J. — This special appeal under Cl. 18 of the Rajasthan High Court Ordinance, 1949 is directed against an inter-locutory order dated November 2, 1979 arising out of S.B. Civil Writ Petition No. 466 of 1979. When this appeal came up for admission, the Court directed the issue of notice to the respondents to show cause why the special appeal be not admitted. In response to the notice Mr. L.R. Bhansali has appeared on behalf of the respondents, and has raised a preliminary objection regarding the maintainability of the appeal. It has been urged by him that the appeal is directed against an interim order vacating an exparte stay granted earlier which does not fall within the ambit of the term judgment occurring in Cl. 18 of the Ordinance. In support of his contention Mr. Bhansali has relied on State vs. Hindo Open Sugar Mills (1).

2. Learned counsel for the appellant while frankly conceding that the view taken in Hindo Open Sugar Mills case (supra) is against him, submitted that the point requires reconsideration in view of authorities of other High Courts. Consequently, we have heard learned counsel for the parties at some length.

3. For a correct appraisal of the contentio

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