Neutral Citation No. - 2025:AHC:139214-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 548 of 2025 Appellant :- Gaurav Verma Respondent :- Smt. Ashi Verma and another Counsel for Appellant :- Shreyas Srivastava Counsel for Respondent :- Himanshu Kumar and Anupam Kumar Shukla for Tanisha Jahangir Monir Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal is directed against order dated 02.05.2025 passed by learned Single Judge in Transfer Application (Civil) No. 1018 of 2024, whereby, while granting time to the respondent to file rejoinder, further proceedings in Guardians and Wards Petition No. 22 of 2022 pending before the Family Court, Etawah, has been stayed. 2. Learned counsel for the petitioner made several submissions pertaining to the maintainability of the prayer for stay before the learned Single Judge, the fact that appellant in his reply to transfer application had clearly made out a case for non-interference, the interim order has been granted and, therefore, the same requires interference by this Court. 3. Learned counsel for the respondents, on the strength of order in Mohd. Hasan Vs. R.D.M. Shia Trustee Committee and 4 others, Special Appeal Defective No. 928 of 2019 decided on 23.10.2019 made submissions that special appeal against interim order is not maintainable. 4. Besides above, this Court in Akshay Gupta Vs. Swati Gupta, Special Appeal No. 1126 of 2018 decided on 16.11.2018, has inter alia laid down that appeal against an order passed on a transfer application under Section 24 C.P.C., under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952, is not maintainable. 5. Though, learned counsel for the appellant attempted to make submissions that the judgement in the case of Akshay Gupta (supra) which relies on judgement in Amit Khanna Vs. Suchi Khanna: (2009) 107 RD 800 is per incuriam, in view of the fact that the present appeal essentially has been filed against the interim order and the matter is pending before the learned Single Judge, we do not find any reason to entertain the present appeal so as to give a finding on the pleas sought to be raised which may render the proceedings before the learned Single Judge infructuous. 6. In view thereof, the appeal filed by the appellant is dismissed. 7. Looking to the nature of proceedings and the allegations made by the appellant regarding the well being of the minor child, it is expected of the learned Single Judge to accord priority to the matter and decide the pending transfer application with expedition. Order Date :- 14.8.2025 Sandeep/Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad