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PANKAJ MITHAL, SHUBHA MEHTA
Shail Bhargava – Appellant
Versus
Shanti Devi – Respondent
JUDGMENT
1. Heard learned counsel for the appellants.
2. The delay of 23 days in filing the appeal is adequately explained. Accordingly, it is condoned subject to objections, if any, on appearance of the respondents.
3. Learned counsel for the appellants argued the matter on the merits as well.
4. The suit of the appellants for the possession of immovable property was decreed by the Court of first instance whereupon the judgment-debtor preferred a first appeal in the High Court. In the appeal conditional stay order was passed and since the judgment-debtor could not satisfy the conditions, he moved application for extending the time for making the deposits of the mesne profits which application has been allowed by the order impugned dated 24.05.2022.
5. The appellants have preferred this appeal challenging the above order.
6. The office has reported that the appeal is not maintainable.
7. The appeal has been preferred under Rule 134 of the Rajasthan High Court Rules, 1952 (for short 'the Rules of 1952'). The aforesaid rules read as under:-
No further appeal lies against interlocutory orders in first appeals as per Section 100A of the CPC and the Rajasthan High Court Rules.
Limitation – Question of limitation must be considered in first instance, before deciding the matter on merits.
Special appeals cannot be filed against judgments made under Article 227 of the Constitution when challenging court orders, following the provisions of Chapter VIII Rule 5 of Allahabad High Court Rul....
An order passed under Section 24 of the CPC is not a judgment and thus not maintainable for appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules.
An appeal against an ad-interim order is maintainable under Order XLIII Rule 1(r) of the CPC, applicable in commercial disputes, affirming that such orders do not preclude appellate jurisdiction.
Interlocutory orders are not subject to appeal if they do not conclusively determine rights or issues relevant to the main case.
Interlocutory orders are not appealable if they do not conclude pending proceedings.
(1) Second Appeal – High Court cannot pass any ad interim order for a limited period, before framing substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Secti....
The main legal point established in the judgment is the importance of adhering to principles of natural justice, procedural provisions, and the need for judicious exercise of discretion in condoning ....
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