IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Delhi Development Authority - Appellant
Versus
ARRA Raju Narsimha - Respondent
LPA 300 of 2021, LPA 302 of 2021, LPA 303 of 2021, LPA 305 of 2021 and LPA 306 of 2021
Decided On : 01-09-2021
| Table of Content |
|---|
| 1. interim order context and pending writ petitions. (Para 2 , 3) |
| 2. court's reluctance to entertain appeals due to pending matters. (Para 4 , 5) |
| 3. disposal of applications based on the main order. (Para 6 , 7) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
C.M.No.29039/2021 (exemptions) in LPA 300/2021
C.M.No.29054/2021 (exemptions) in LPA 302/2021
C.M.No.29058/2021 (exemptions) in LPA 303/2021
C.M.No.29089/2021 (exemptions) in LPA 305/2021
C.M.No.29165/2021 (exemptions) in LPA 306/2021
Allowed, subject to all just exceptions.
Applications are disposed of.
LPA 300/2021, LPA 302/2021, LPA 303/2021, LPA 305/2021 & LPA 306/2021
1. For the sake of convenience and reference, LPA 300/2021 is taken as the lead matter.
2. Present Appeals have been preferred by the Appellant herein, being the Respondent in WP(C) 10488/2020, assailing the interim order dated 17.03.2021 passed by the learned Single Judge. For ready reference, the interim order impugned herein reads as under:
"It is 16:43 hours.
No time left.
List on 18.05.2021.
Till the next date of hearing, let status quo be maintained."
3. It is conceded by the learned counsel for the Appellant that the writ petitions, out of which the present appeals arise, are pending before the learned Single Judge and are now listed on 17.09.2021.
4. Since the writ petitions are pending and the learned Single Judge has yet to arrive at a decision on the merits of the issues/disputes between the parties, we see no reason to entertain the present Appeals at this stage. Looking at the controversies involved in the writ petitions, the learned Single Judge has found it to be a fit case to pass interim orders granting status quo. No infirmity can be found with the said direction at this stage.
5. Since learned counsel for the Appellant strenuously contends that the interim order is causing prejudice to the Appellant as also that there are chances of the appeals being adjourned in the present system of hearing of matters, we hereby request the learned Single Judge to hear WP(C) 10488/2020 and other connected matters on 17.09.2021 or any other short date convenient to the Court.
6. With these observations, the appeals are disposed of.
C.M.No.29040/2021 (stay) in LPA 300/2021; C.M.No.29055/2021 (stay) in LPA 302/2021; C.M.No.29059/2021 (stay) in LPA 303/2021; C.M.No.29090/2021 (stay) in LPA 305/2021 and C.M.No.29166/2021 (stay) in LPA 306/2021
7. In view of the aforesaid order passed in the appeals, no orders are required to be passed in these applications and the same are accordingly disposed of.
Interim orders allowing status quo are upheld while relevant writ petitions are pending, highlighting the principle of maintaining legal stability during ongoing proceedings.
An interim order can be upheld while expediting hearing in a related writ petition without addressing the substantive merits of the case.
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 ....
Letters Patent Appeals are untenable if no rights or liabilities of parties are decided in the impugned order.
Denial of EWS reservation in admission violates constitutional provisions; interim orders do not finalize rights, thus appealing them lacks merit.
Interlocutory orders are not appealable if they do not conclude pending proceedings.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.