Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
Gram Panchayat Mathani Through Its Sarpanch – Appellant
Versus
Rameshwarlal – Respondent
Order :
1. Learned counsel for the petitioner seeks adjournment as he could not contact the petitioner and therefore, could not file reply to the application filed by the respondents under Article 226 (3) of the Constitution of India . He submits that as reply to the application has not been filed, he is not in the position to argue the case on the application under Article 226 (3) of the Constitution of India .
2. Learned counsel representing the respondents vehemently objects and submits that the application under Article 226 (3) of the Constitution of India was filed way back on 07.12.2023 and since then, it is pending adjudication. He further submits that till date, the petitioner has not filed reply to the said application and has also been granted two last opportunities to file reply to the same. Learned counsel for the respondents, thus, urges that in such circumstances, this Court may vacate the interim order.
3. It is seen that this Court, on 12.02.2025, had granted the petitioner one last opportunity to file reply to the application under Article 226 (3) of the Constitution of India . Further, on 24.02.2025, the matter was adjourned as no one appeared on behalf of the petiti
Timely filing of responses to applications under Article 226(3) is essential; failure to do so can result in the vacation of interim orders.
A party must act promptly under Article 226(3) to vacate an interim order; inaction may imply acceptance.
Interim orders extended in the presence of parties cannot be vacated automatically under Article 226(3) without a hearing on merit.
Ex parte ad-interim relief under Article 226(3) vacates automatically after two weeks if not adjudicated, irrespective of parties' actions, ensuring prompt resolutions.
The court upheld the dismissal of a petition for recalling an order due to lack of merit and failure to provide justifiable grounds for delay, emphasizing adherence to procedural timelines.
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 pr....
Article 226(3) of the Constitution of India is mandatory, leading to the automatic vacation of interim orders if not disposed of within two weeks.
Judicial discretion in extending interim orders under Article 226 of the Constitution, with the expectation of appropriate consideration by the original judge.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
