Back
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
RAJAN ROY, INDRAJEET SHUKLA
Ashish Yadav – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Panchayati Raj Lko. – Respondent
JUDGMENT :
INDRAJEET SHUKLA, J.
1. Heard Shri Alok Mishra, learned counsel for the appellant and learned Additional Chief Standing Counsel for the State.
2. By means of this special appeal an order passed on 26.11.2025 by learned Single Judge in Writ - A No. 13339 of 2025 has been challenged.The said order reads as under:-
"Short affidavit filed today on behalf of State is taken on record.
Learned counsel for petitioner prays for and is granted two weeks time to file response thereto.
List this case in 2nd week of January, 2026 as fresh."
3. The order impugned is purely an interlocutory order of a procedural nature which does not decide any issue whatsoever. Two weeks time was sought by the learned counsel for the appellant himself which was granted and the matter was posted in the 2nd week of January, 2026 as fresh.
4. The Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. The appeal under aforesaid provision is maintainable against a judgment or final order or an order having the trappings of finality. The nature of the order which is impugned herein does not fall in any of these categories. We may in this regard rely upon a judgment of Hon'
Interlocutory orders are not subject to appeal if they do not conclusively determine rights or issues relevant to the main case.
Interlocutory orders are not appealable if they do not conclude pending proceedings.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
Special Appeals are not maintainable unless they challenge a 'judgment' with finality adversely affecting a party's valuable rights.
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 cannot be filed against judgments made under Article 227 of the Constitution when challenging court orders, following the provisions of Chapter VIII Rule 5 of Allahabad High Court Rul....
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
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....
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
