1. A challenge against an interim order of status quo where an application for vacating the said order remains pending before the High Court. (Para 3 )
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2026 Supreme(SC) 85
SUPREME COURT OF INDIA
ARAVIND KUMAR, PRASANNA B. VARALE, JJ.
Giriraj & Ors. – Petitioners
Versus
Mohd. Amir & Ors. – Respondents
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 55304/2025
Decided On : 16-01-2026
Advocates appeared:
For the Petitioner(s): Mr. Saurabh Ajay Gupta, AOR Mr. Ritik Gupta, Adv. Mr. Ayush Haritash, Adv.
For the Respondent(s) /Caveator(s): Mr. Farrukh Rasheed, AOR Mr. Abu Bakr S., Adv. Ms. Shifa, Adv.
For the Petitioner(s): Mr. Saurabh Ajay Gupta, AOR Mr. Ritik Gupta, Adv. Mr. Ayush Haritash, Adv.
For the Respondent(s) /Caveator(s): Mr. Farrukh Rasheed, AOR Mr. Abu Bakr S., Adv. Ms. Shifa, Adv.
The Supreme Court emphasized the need for the High Court to expedite the disposal of pending applications under Article 226(3) of the Constitution, reinforcing the principle of timeliness in legal proceedings.
Headnote:(A) Constitution of India - Article 226(3) - Special Leave Petition - Interim order of status quo - Application for vacating such order pending since January 2025 - Court requests High Court to dispose of the application within two weeks as mandated by the Constitution - No opinion expressed on merits. (Paras 3, 4, 5)
Facts of the case:
The petitioners filed a Special Leave Petition against an interim order of status quo, arguing for the expedited hearing of their application for vacating the order, which has been pending for an extended duration.
Findings of Court:
The Court acknowledges the delay and requests the High Court to adjudicate the pending application as per constitutional requirements.
Issues: The primary issue was the timely disposal of the pending application for vacating the interim order.
Ratio Decidendi: The court highlighted the necessity of adhering to Article 226(3) of the Constitution and emphasized the urgency of resolving pending matters expeditiously.
Result: Special Leave Petition disposed of.
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Table of Contents
2. The petitioner sought intervention regarding the delay in disposing of a pending application for vacating an interim status quo order. (Para 3 )
3. The Court noted the statutory obligation under Article 226(3) of the Constitution to dispose of stay-vacating applications within two weeks. (Para 3 )
4. The High Court is mandated under Article 226(3) of the Constitution to decide applications for vacating interim orders strictly within the prescribed two-week timeframe. (Para 3 )
5. The Court requested the High Court to prioritize and dispose of the pending application for vacating the interim order on its own merits. (Para 4 , 6 )
6. What is the timeline for a High Court to dispose of an application seeking to vacate an interim order under Article 226 of the Constitution?
Under Article 226(3) of the Constitution of India, the High Court is mandatorily required to dispose of an application for vacating an interim order within a period of two weeks from the date of its filing. (Para 3 )
ORDER
1. Delay condoned.
2. Heard learned advocates appearing for the parties.
3. Against an interim order of status quo, the present Special Leave Petition has been filed. Learned counsel for the petitioner would also submit that an application for vacating the interim order has already been filed and it is pending since last January, 2025 till date. At this stage it would be apt and appropriate to note Sub- Article (3) of Article 226 of the Constitution of India which mandates that upon such an application being filed, the High Court would be required to dispose of the same within a period of two weeks.
4. In the teeth of the said provision and also in the light of the submissions made by the learned advocates appearing for the parties that matter has been listed on 19.01.2026, we request the High court to take up the said application and dispose of the same on its own merits.
5. We make it clear that we have not expressed any opinion on the merits of the rival submissions.
6. Accordingly, the Special Leave Petition is disposed of.
7. Pending application(s), if any, shall also stand disposed of and file be consigned to the record.
