Jagannadha Rao, C.J.

The question in these two matters which has been referred to this larger Bench by a Full Bench consisting of three of us, is as follows:

"Whether an appeal lies to a Division Bench under S.5(i) of the Kerala High Court Act, 1958 against an interlocutory order in a Writ Petition, while the main Writ Petition is pending and if so, what are the circumstances under which or the types of cases in which such an appeal would lie?"

Before adverting to the question, it would be necessary to slate, briefly, the facts in the two unnumbered appeals. In the first of the matters, the Writ Appeal is preferred by the Writ Petitioners against the orders in CMP 17073/91 in OP 9800/91. The dispute relates to the auction of toddy shops in Vaikkomand Kadulhurulhy ranges for three years from 1-4-1991 by the Collector. The Writ Petitioners were trie successful bidders for Rs.17, 20,000/-. The seventh respondent filed an earlier O.P. 3976 of 1981 challenging the sale confirmation, contending that he was forcibly kept out of the auction and he was prepared for Rs.27, 20,000/-. The auction was confirmed and the licences were issued in favour of the Writ Petitioners pending that