IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1197 of 2010 (Arising out of I.A. No. 2891/2010) 1. Nagendra Kumar, S/O Late Babu Prabhupendra Mogal Kuan, P.O. Sohsarai, Distt.- Nalanda 2. Narendra Kumar, S/O Late Babu Prabhupendra Mogal Kuan, P.O. Sohsarai, Distt.- Nalanda………………………………appellants Versus 1. Arbind Tanti S/O Nand Kesar R/O Vill.- MugalKuan Bankipur, P.S.+P.O. Sohsarai, Distt.- Nalanda………………………..Respondents ------------------ 5. 29-11-2011 Heard the parties. This L.P.A. also involves the issue of maintainability because it is directed against an interim order passed by the learned Single Judge of this Court in a pending First Appeal. The learned Single Judge refused to rescind the contract by way of original order as per prayer in an interlocutory application when the decree for specific performance of contract is pending before the Execution Court. Prayer for stay of several orders by that Court has also been refused as those orders have not been challenged through any appropriate proceeding. Similar issue regarding maintainability arising out of the same common order has been decided against the appellants today in L.P.A. No. 1159 of 2010. This appeal is also covered by the principles decided in that order whereby 2 said L.P.A. has been held to be not maintainable because the order of learned Single Judge does not amount to a judgement. Following the said order, this appeal is also dismissed in terms of the order passed in L.P.A. No. 1159 of 2010. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)