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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW
ATTAU RAHMAN MASOODI, SUBHASH VIDYARTHI
Kalamuddin @ Shanu – Appellant
Versus
State of U.P. Thru Prin. Secy. Housing And Urban Planning Deptt. Lko – Respondent
| Table of Content |
|---|
| 1. notice was issued for interim order hearing. (Para 1 , 2) |
| 2. preliminary objections challenge appeal maintainability. (Para 3 , 4 , 5) |
| 3. appellant's defense against objections is weak. (Para 6 , 7) |
| 4. overview of chapter viii rule 5's provisions. (Para 8 , 9) |
| 5. interlocutory orders do not constitute judgments. (Para 10 , 11 , 12) |
| 6. appellant’s absence in the writ prevents appeal. (Para 13 , 14) |
| 7. allegations against petitioners deemed unfounded. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 8. special appeal dismissed with costs. (Para 21) |
JUDGMENT :
1. Heard Shri Sajjad Husain, learned counsel for the petitioner, Shri V.P. Nag, the learned Standing counsel appearing for the State of U.P., Shri Puneet Chandra, the learned counsel appearing for Awas Vikas Parishad and Mohd. Altaf Mansoor, the learned counsel appearing for the opposite party Nos.6 & 7.
2. By means of the instant intra-Court Appeal filed under Chapter VIII Rule 5 of the ALLAHABAD HIGH COURT RULES , the appellant, who has described himself as “Kalamuddin; popularly known as Shanu, S/o Nasiruddin- Incharge, Vidhan Sabha (East); Bhartiya Kisan Union (Avadh) Raju Gupta Sangathan, U.P. Lucknow, Regional Office- 529/17-C
Special appeals against interim orders not characterized as judgments under Chapter VIII Rule 5 of the Allahabad High Court Rules are not maintainable.
Special Appeals are not maintainable unless they challenge a 'judgment' with finality adversely affecting a party's valuable rights.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
Interlocutory orders are not subject to appeal if they do not conclusively determine rights or issues relevant to the main case.
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....
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....
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