ANIL K. NARENDRAN, MURALEE KRISHNA S.
STATE OF KERALA – Appellant
Versus
PRADEEPKUMAR A. V. – Respondent
JUDGMENT :
ANIL K. NARENDRAN, J.
1. This appeal filed by the State and the official respondents, who are respondents 1 to 3 in W.P. (C) No. 29931 of 2023, arises out of the interim order of the learned Single Judge dated 12.12.2024 in that writ petition. The said interim order reads thus:
2. On 08.01.2025, when this writ appeal came up for admission, the 1st respondent-writ petitioner entered appearance through counsel. Having considered the pleadings and materials on record and also the submissions made at the Bar, this Court granted an interim stay of the operation of interim order dated 12.12.2024 of the learned Single Judge in W.P. (C) No. 29931 of 2023, for a period of one month.
3. Heard the learned Senior Government Pleader for the appellants-respondents 1 to 3, the learned counsel for the 1st respondent-writ petitioner and the learned Senior Counsel for the 2nd respondent-4th respondent.
4. The learned Senior Gove
An interim order affecting substantial rights qualifies for appeal under Section 5(i) of the Kerala High Court Act, 1958, especially when it seeks to enforce final relief without a substantive hearin....
An appeal against an interim order is permissible if it substantially affects the rights or liabilities of the parties, as per Section 5(i) of the Kerala High Court Act.
The court found consideration of the writ appeal on merits unwarranted, as the interim order was effectively moot due to developments in the related writ petitions.
An interim order affecting substantial rights can be appealed under Section 5(i) of the Kerala High Court Act, 1958, if it is not merely procedural.
The interim order of payment of salary to the petitioner as Professor stands due to prior approvals; the appeal is dismissed as moot.
An ‘order’ obviously cannot include mere procedural orders of adjournment, admission of writ, summoning of documents or witnesses, or directing local inspection etc. which orders do not seriously aff....
Judgment discusses the scope of interim orders and the necessity of addressing underlying merits in related cases.
The jurisdiction of appeal is limited where the underlying writ petition has already been resolved.
A writ appeal against an interim order is not maintainable if the petitioner is not aggrieved by the order and has already received the sought relief.
Interlocutory orders can be appealable under certain circumstances if they affect substantive rights, even if termed interim.
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