By the Court.—The question of maintainability of a Special Appeal has intrigued this Court on many a occasion, but the one presented before us is of that genre that is rarely argued with such consuming passion, that it is difficult to resist the temptation of answering it once again. The past precedents with a renewed vigour have been tabled on the dias, praying for a turn in the law, and to cast off all doubts that shroud the legal canvas which according to the learned gentleman at the bar requires a fresh varnish.

2. The appellant complains of injustice-of not being showered with the benefit of an interim order by the learned Single Judge inspite of having a strong prima facie case and a balance of convenience in his favour with a clear threat of irreparable injury of ouster from management as the term of the appellant committee was coming to an end. Thus, the withholding of an interim order by the learned Single Judge has impelled the writ petitioner to file this appeal, which proposition is being opposed by the respondents contending that the appeal is not maintainable in the given circumstances.

3. This appeal arises out of a writ petition which is still pending before