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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Shiromani Akali Dal Delhi & Anr. - Appellants
Versus
Directorate, Gurdwara Elections, Govt Of NCT Of Delhi & Ors. - Respondents
Letter Patent Appeal No. 333 of 2021, Civil Miscellaneous Application No. 32570 of 2021
Decided On : 04-10-2021
Interim Order - Challenge to Final Order - The court disposed of the appeal as not pressed, granting the appellants liberty to challenge the final order in the writ petition if necessary, without expressing any opinion on the merits of the case.
Fact of the Case:
The appellants appealed against an interim order, but later decided not to press the appeal, seeking liberty to challenge the final order in the writ petition if necessary.
Finding of the Court:
The court disposed of the appeal as not pressed, granting the appellants liberty to challenge the final order in the writ petition if necessary, without expressing any opinion on the merits of the case.
Issues:
Ratio Decidendi: The court has the discretion to dispose of an appeal as not pressed and grant liberty to challenge the final order in the writ petition if necessary.
Final Decision: The appeal was disposed of as not pressed, with the appellants granted liberty to challenge the final order in the writ petition if necessary.
JUDGMENT
D.N. Patel, CJ. - Learned counsel appearing on behalf of the Appellants submits that present appeal has been preferred against an interim order dated 15.09.2021 passed by the learned Single Judge in W.P. (C) 10293/2021, which is now listed for final hearing on 08.10.2021. The Appellants, therefore, do not wish to press the appeal at this stage and seek liberty to challenge the final order in the writ petition in case the need so arises.
2. Since the Appellants do not wish to press the appeal at this stage, we deem it appropriate to dispose of the same, as not pressed. Needless to state that in case the Appellants are aggrieved by the final order, they always have the liberty to challenge the same, in accordance with law.
3. It is made clear that this Court has not expressed any opinion on the merits of the case between the parties.
Appeal is accordingly disposed of along with the pending application.
The appellants' decision to not press their appeal permits them to challenge the final order in the ongoing writ petition if necessary, without the court expressing any opinion on the merits at this ....
An interim order can be upheld while expediting hearing in a related writ petition without addressing the substantive merits of the case.
Interim orders allowing status quo are upheld while relevant writ petitions are pending, highlighting the principle of maintaining legal stability during ongoing proceedings.
The court determines that no further action is necessary following the interim orders, leading to closure of the writ petition.
A writ petition was deemed moot due to existing interim orders and thus closed without further deliberation.
Writ petition closed as infructuous upon disposal of underlying appeal by appellate authority.
Court addressed procedural delays in hearings and clarified that opinions on merits were not expressed in the disposal of the appeal.
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