W.A. No.1327/2010
9.12.2010
Shri R.K. Choubey, learned counsel for the appellant.
Shri Pushpendra Dubey, learned counsel for the
respondent No.7.
Heard on the question of admission.
This intracourt appeal has been preferred under Section
2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal)
Adhiniyam, 2005 [for brevity `the Act’] against the order dated
19112010 passed by the learned Single Judge in W.P.
No.15857/2010.
From a perusal of the order passed by the learned Single
Judge it is apparent that by an interimorder operation of the
order impugned in the writ petition, dated 2192010, has been
stayed.
Against an interim order passed by the learned Single
Judge an intracourt appeal is not maintainable under the
provisions of the Act in view of the law laid down by the Full Bench
decision of this Court rendered in Arvind Kumar Jain vs. State of
M.P., ILR 2007 (MP) 1017 wherein it has been held as under:
“From the aforesaid enunciation of law
there remains no scintilla of doubt that
interlocutory orders on certain circumstances
could be appealed against under the Letters
Patent. Despite the fact that they are interlocutory
in nature they can be put into the compartment of
judgment if it affects the merits of the case
between the parties by determining some rights or
liabilities. There can be three categories of
judgments, final judgment, preliminary judgment
and intermediary judgment or interlocutory
judgment. If the order finally decides the question
and directly affects the decision in the main case
or an order which decided the collateral issue or
the question which is not the subjectmatter of the
main case or which determines the rights and
obligation of the parties in a final way
indubitably they are appeallable.”
However, it would be open to the appellant to move an
application before the learned Single Judge for vacating the stay in
the writ petition itself. We have no doubt, that in the event such
an application is filed by the appellantpetitioner the same may be
considered and disposed of expeditiously.
With the above observation the writ appeal is dismissed.
(S.R.Alam) (Alok Aradhe) Chief Justice Judge ac.