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G. S. SANDHAWALIA, LAPITA BANERJI
Chairman, Airport Authority of India – Appellant
Versus
Parvindra Tiwari – Respondent
JUDGMENT
G.S.Sandhawalia, A.C.J. (Oral)
The present appeal is directed against an interim order dated 18.05.2023 passed by the learned Single Judge wherein operation of the impugned order dated 04.05.2003 (Annexure P-2) passed by respondent No.2 had been stayed.
2. The law is well settled that appeal itself would not be maintainable against an interim order as held by the Supreme Court in Midnapore Peoples Co-op. Bank Ltd. and others v. Chunilal Nanda and others 2006 (5) SCC 399. It is always open to the appellant to file an appropriate application before the learned Single Judge for vacation of the order and it is stated that the same has already been filed by the appellant. We are sanguine that the learned Single Judge will keep the said application in mind since the petition is fixed for hearing on 20.02.2024.
3. With these observations, the appeal stands disposed of.
4. Pending applications, if any, also stand disposed of.
An appeal against an interim order is not maintainable; the appellant must file an application for vacation of the order.
Interlocutory orders are not appealable if they do not conclude pending proceedings.
Once a suit is dismissed, any interim order merges into the final order, rendering applications under Order 39 Rule 2-A non-maintainable.
Ad-interim interim orders issued at the admission stage of a writ petition cannot be appealed under the Kerala High Court Act.
Intra court appeals under Clause X of the Letters Patent are not maintainable against interim orders that do not finally decide any issues in controversy.
Interlocutory orders that do not determine the rights and obligations of parties are not considered 'judgments' for appeal under Letters Patent.
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