ANIL K. NARENDRAN, MURALEE KRISHNA S.
STATE OF KERALA – Appellant
Versus
PRADEEPKUMAR A. V. – Respondent
JUDGMENT :
ANIL K. NARENDRAN, J.
1. This appeal filed by the State and the official respondents, who are respondents 1 to 3 in W.P. (C) No. 29931 of 2023, arises out of the interim order of the learned Single Judge dated 12.12.2024 in that writ petition. The said interim order reads thus:
2. On 08.01.2025, when this writ appeal came up for admission, the 1st respondent-writ petitioner entered appearance through counsel. Having considered the pleadings and materials on record and also the submissions made at the Bar, this Court granted an interim stay of the operation of interim order dated 12.12.2024 of the learned Single Judge in W.P. (C) No. 29931 of 2023, for a period of one month.
3. Heard the learned Senior Government Pleader for the appellants-respondents 1 to 3, the learned counsel for the 1st respondent-writ petitioner and the learned Senior Counsel for the 2nd respondent-4th respondent.
4. The learned Senior Gove
An interim order affecting substantial rights qualifies for appeal under Section 5(i) of the Kerala High Court Act, 1958, especially when it seeks to enforce final relief without a substantive hearin....
An appeal against an interim order is permissible if it substantially affects the rights or liabilities of the parties, as per Section 5(i) of the Kerala High Court Act.
An interim order affecting substantial rights can be appealed under Section 5(i) of the Kerala High Court Act, 1958, if it is not merely procedural.
An ‘order’ obviously cannot include mere procedural orders of adjournment, admission of writ, summoning of documents or witnesses, or directing local inspection etc. which orders do not seriously aff....
A writ appeal against an interim order is not maintainable if the petitioner is not aggrieved by the order and has already received the sought relief.
Interim orders may be appealable if they determine rights affecting the main case, despite being interlocutory.
Point of law: Interim order of Single – Appeal not maintainable - Character of the ad interim order would continue to be the same until an adjudication is made by the irrespective of the fact as to w....
Interim orders must not determine rights without final adjudication; their appealability depends on whether they materially affect the main case.
Ad-interim interim orders issued at the admission stage of a writ petition cannot be appealed under the Kerala High Court Act.
The court clarified the appropriate procedural context for appealing interim orders in debt recovery cases under specific constitutional provisions.
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