( 1 ) THIS Special Appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, against the order dated 11-9-2003, by which the learned Single Judge has stayed the further proceedings in a matrimonial matter pending before the Family Court, Allahabad.

( 2 ) FACTS and circumstances giving rise to this case are that the appellant filed Matrimonial Case No. 544 of 1999 before the family Court, Allahabad seeking divorce from the respondent. During the pendency of the trial of the said case, parties had approached this Court by filing a Civil Misc. Writ Petition No. 333 of 2000 (Smt. Ranjana bajpai v. Shri Ashok Bajpai); Civil Misc. Writ petition No. 17655 of 2003, (Ashok Kumar bajpai v. Smt. Ranjana Bajpai); and F. A. F. O. (D) 734 of 2003, (Dr. Smt. Ranjana Bajpai v. Shri Ashok Bajpai) and the said petitions as well as the appeal were disposed of on merit. However, while deciding the Writ Petition No. 17655 of 2003, vide judgment and order dated 24-4-2003, directions were issued to conclude the trial of the aforesaid case expeditiously, preferably within a period of 6 months.

( 3 ) AGAIN on 26-8-2003, while disposing of the appeal, this Court observed that unwarranted adjournments should not be granted to either of the parties and the Family Court should proceed with the trial day to day and conclude the trial expeditiously as directed earlier vide order dated 24-4-2003.

( 4 ) THE respondent-petitioner, filed a transfer Application under Section 24 of the code of Civil Procedure, 1908 (hereinafter called C. P. C.) of the Matrimonial Case No. 544 of 1999, pending in the Family Court, allahabad seeking its transfer to some other competent Court, on various grounds. The learned single Judge while entertaining the said transfer application on 11-9-2003, passed the following order :"shri A. N. Tripathi, learned counsel for the respondent prays for and is granted one week time to file counter-affidavit. Learned counsel for the applicant will have 10 days thereafter to file rejoinder affidavit. List this petition in the week commencing 13-10-03. Until the next date of listing, further proceedings in Matrimonial Petition No. 544/ 99 pending in the Family Court, Allahabad shall remain stayed. The comments of the Presiding Officer may also be called for in the meantime. "

( 5 ) BEING aggrieved, this appeal has been preferred by the appellant-respondent.

( 6 ) SHRI A. N. Tripathi, learned counsel for the appellant has submitted that the case had been pending before the Family Court for more than 4 years and in the meanwhile, parties have approached this Court several times. The transfer application has been filed only to delay the conclusion of the trial. The relief granted by the learned single Judge is unwarranted, as staying the further proceedings has seriously prejudiced the cause of the appellant-applicant. As it amounts to final relief, it becomes liable to be set-aside.

( 7 ) ON the contrary, Shri Ravi Kiran Jain, learned Senior Counsel, appearing for the respondent-petitioner has raised preliminary objection regarding mintainability of the special Appeal contending that provisions of Chapter VII Rule 5 of the Allahabad High court Rules, 1952 (hereinafter called the rules) do not envisage the appeal against such an order. Appeal is provided under the said Rules only against the judgment. The aforesaid impugned order cannot be termed as "judgment" by any means and, therefore, the appeal is not maintainable.

( 8 ) LEARNED counsel for the appellant Shri a. N. Tripathi has placed reliance upon the large number of judgments and submitted that as the impugned order has prejudiced the cause of the appellant and the relief granted by the Court is of the nature which could have been granted only at the stage of disposal of the case, the appeal is maintainable.

( 9 ) WE have considered the rival submissions made by the learned counsel for the parties and perused the record.

( 10 ) THE Honble Apex C