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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
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, Near State Bank, Khurram Nagar, Vikas Nagar, Lucknow- 226022” has challenged an interim order dated 26.11.2024 passed by an Hon’ble Single Judge of this Court in Writ C No.10189 of 2024, which order reads as follows:-
“1. Heard Shri Mohd. Altaf Mansoor, learned counsel for the petitioners and learned Standing counsel who accepts notice on behalf of respondent nos.1,2 and 5.
2. Shri Puneet Chandra, Advocate who appeared through video conferencing accepts notice on behalf of respondent nos.3 and 4. Shri Chandra opposes the petition, however, stat
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....
The main legal point established in the judgment is that the Contempt Court must be conscious that it is not possessed of the powers of other corrective jurisdictions like review or appeal against th....
The main legal point established in the judgment is the limitation on the appealability of a contempt Judge's order under Section 19 of the Contempt of Courts Act and Chapter VIII Rule 5 of the Rules....
A party cannot re-litigate previously decided matters in a Special Leave Petition unless specific leave is granted, reinforcing the principle of finality in judicial decisions.
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