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RAMESH SINHA, JASPREET SINGH
Uma Kant Sahu – Appellant
Versus
Society Ram Bharosey – Respondent
JUDGMENT
Heard Dr. L.P. Misra, Shri Ujjwal Tripathi and Shri Shashank Shekhar Shukla, learned Counsel for the appellants, Shri Prashant Chandra, learned Senior Advocate assisted by Shri M.B. Singh, learned Counsel for respondents no.1 and 2, Shri Amitabh Kumar Rai, learned Additional Chief Standing Counsel for the State-respondent and Shri Yogesh Chandra Srivastava, learned Counsel for the respondent-Bank and perused the material brought on record.
2. Feeling aggrieved and dissatisfied with the interim order dated 17.10.2022 passed in Writ -C No.7244 of 2022 (Society-Ram Bharosey Maiku Lal Higher Secondary School, Telibag, Lucknow through its Manager and another v. State of U.P. & others), the instant intra-Court appeal has been preferred by the appellants.
3. A preliminary objection has been raised by learned Counsel for respondent nos.1 and 2 with regard to maintainability of instant special appeal. It has been contended that the order under appeal does not decide the rights of the parties and as such the same cannot be held to be a judgment for the purposes of filing of an intra Court appeal.
4. Learned Counsel for the appellants has supported the maintainability of instant appea
Point of Law : Order passed on an application for interim relief is ordinarily not a "judgment" but it will qualify to be called ''judgment' if it affects valuable right of the party or decides an im....
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.
Writ appeals against interlocutory orders are not maintainable unless such orders constitute a 'judgment' under Letters Patent, determining rights or effects in the main case.
Interlocutory orders may not be appealed unless they qualify as 'judgments' under relevant legal standards, confirming the significant procedural limitations on appeals in such contexts.
An intra-court appeal is not maintainable against orders of a learned Single Judge under Section 24-C of the Orissa Education Act, 1969, as per the Full Bench ruling prohibiting such appeals post-ame....
Interlocutory orders do not constitute 'judgments' under Clause 15 of the Letters Patent, and appeals against them are not maintainable.
Interim orders can direct provisional actions while allowing for further legal contestation, and courts should prioritize timely resolutions in cases affecting multiple parties.
The main legal point established is that the appeal must meet the criteria set out in Rule 5 of Chapter VIII of the Rules of Court 1952 to be deemed maintainable.
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