SPA No.138 of 2007 Hon’ble Tarun Agarwala, A.C.J. Hon’ble Dharam Veer, J. Heard Shri P.C. Bist, the learned Brief Holder for the appellants and Shri Rakesh Thapliyal, the learned counsel for the respondents. The present special appeal has been filed against an interim order dated 17th July, 2007. In our opinion, against an interim order, the special appeal is not maintainable under Chapter VIII Rule 5 of the High Court Rules. Consequently, the special appeal is dismissed. It would be open to the appellants to file a counter affidavit alongwith a stay vacating application before the learned Single Judge. If such stay vacation application is filed, the same shall be considered by the appropriate Court. (Dharam Veer, J.) (Tarun Agarwala, A.C.J.) 20.11.2009 Shiv