W. A. No.956/2010 22.09.2010
Shri Sourabh Sharma, learned counsel for the appellant.
Heard on the question of admission.
Feeling aggrieved by the order passed by the learned Single
Judge in W.P. No.12825/2010 (S), dated 1092010 whereby he has
observed that selection in question shall be provisional and
subject to final decision of the writ petition the petitioner
appellant has preferred this intracourt appeal under Section 2(1)
of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal)
Adhiniyam, 2005 [for brevity `the Act’].
The learned counsel for the appellant has vehemently
contended that the selection of the appellant is only for a period
of one year and, therefore, in the absence of interim order
restraining the appointment the appellant shall suffer irreparable
loss.
We are not impressed with the submission for the reason
that the appeal against an interim order is not maintainable under
the provisions of the Act in view of the law laid down by the Full
Bench decision of this Court 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 in the writ petition
itself with the prayer to fix the matter at an early date for early
hearing of the writ petition. Learned Single Judge is, however,
requested that in the event such an application is filed by the
appellantpetitioner the same may be considered looking to the
urgency of the matter at an early date, subject to business and
convenience of the Court.
With the above observation the writ appeal is dismissed.
C.c. as per rules by tomorrow.
(S.R.Alam) (Alok Aradhe)
Chief Justice Judge
ac.