1. Appeal against interim order of High Court allowing writ petition. (Para 1 , 2 )
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2001 Supreme(SC) 23
SUPREME COURT OF INDIA
B.N.Kirpal : Ruma Pal
State Of U.P.
Versus
Private Secretaries And Personal Assistants Brotherhood, High Court, Allahabad
Case No. : 126 of 2001
Date of Decision : 1/5/01
An interim order should not be passed if it effectively grants the final relief sought in a writ petition, as this preempts the final adjudication of the case.
Headnote:(A) Writ Jurisdiction - Interim Orders - Effect of interim order amounting to final relief - An interim order passed by the court ought not to be passed if it has the effect of effectively allowing the writ petition. (Para 2)
Facts of the case:
An interim order was passed by the court below in a writ petition. This order was challenged on the ground that it effectively granted the final relief sought by the respondents.
Findings of Court:
The interim order was set aside as it had the effect of really allowing the writ petition of the respondents.
Issues: Whether an interim order is sustainable if it has the effect of granting the final relief sought in a writ petition.
Ratio Decidendi: An interim order should not be passed if it effectively decides the final outcome of the writ petition, as this bypasses the requirement for final adjudication.
Result: Appeal allowed.
Legal Category Hierarchy
Table of Contents
2. High Court interim order ought not to have been passed as it really allowed the writ petition. (Para 2 )
3. An interim order that effectively grants final relief without a full hearing should not be passed. (Para 2 )
4. Appeal allowed; interim order of High Court set aside; High Court requested to dispose of writ petition early. (Para 3 )
5. When should an interim order not be granted by a High Court in a writ petition?
An interim order should not be granted when its effect is to really allow the writ petition without a final hearing. (Para 2 )
B.N.KIRPAL, J.
(1) SPECIAL leave granted.
(2) AFTER hearing the counsel for the parties, we are of the opinion that the interim order passed by the High Court, on the facts of this case, ought not to have been passed because that had the effect of really allowing the writ petition of the respondents.
(3) WE, accordingly, allow this appeal and set aside the interim order dated 10-10-2000 of the High Court. The High Court is requested to dispose of the writ petition of the respondents at an early date.
