( 1 ) AN application for vacating the stay order was filed on behalf of opposite party No. 2. The said application was listed for orders on 20/03/1997. Mr. Govind Krishna, learned counsel for the opposite party, took a preliminary objection. He contended that under Section 28 of the Hindu Marriage Act, an appeal lies against the impugned order before the learned District Judge. Therefore, the writ petition is not maintainable. Mr. A. Kumar, appearing on behalf of the petitioner, disputed the said contention on various grounds. Since the hearing could not be completed the matter was adjourned till 9th of April 1997. On the next date, it was further adjourned till 12/05/1997. On 25/04/1997, both the learned counsel pointed out that the matter was fixed on 24/04/1997 but by mistake the date was noted as 12/05/1997 in the order dated 9/04/1997. Accordingly the matter was fixed on 9/05/1997 instead of 12/05/1997 by an order dated 25/04/1997 by the consent of the parties for the reasons recorded in the order dated 25/04/1997.

( 2 ) ON 9/05/1997, an application for amendment was filed in the Court by Mr. A. Kumar, copy of the said application was served upon Mr. Govind Krish