AppeaL against interlocutory orders

This query is : Resolved 
 



Guest (Querist)
23 December 2010

Can we challenge illegal interlocutory orders of a writ proceeding after the judgment has been pronounced ?

It has connection with my other query under heading "Vitiated proceedings....."

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s.subramanian (Expert)
23 December 2010

Once the mian proceeding i.e. the writ itself is disposed off, no appeal can be filed on the interim order passed in such writ petition.

adv. rajeev ( rajoo ) (Expert)
23 December 2010

No. When writ it self is disposed off you cannot challenge the interlocutory order

Kirti Kar Tripathi (Expert)
23 December 2010

once writ petition is disposed of, all the orders passed in that writ merged with final order, no appeal against any order lies. Moreover, the final order of the writ can be challenge, in which the validity of interim order can be questioned.

Pritam Saini, Advocate (Expert)
23 December 2010

I agree with Mr. kirti

Devajyoti Barman (Expert)
Click to Talk
23 December 2010

Yes the views are right.

Advocate. Arunagiri (Expert)
23 December 2010

I agree with Mr.Tripathi.

Arun Kumar Bhagat (Expert)
24 December 2010

If the judgement is passed within the appeal/revision period of interlocutory order you can always challenge because it is your unfettered right. I disagree with all earlier replies.



Guest (Querist)
25 December 2010

Mr. Arun Bhagat kindly refer any citation for same.
Can we file an appeal against such interlocutory order with an application for condonation of delay, if there is a delay?

Arun Kumar Bhagat (Expert)
25 December 2010

Delay may or may not be condoned. It depends upon the factual aspects of the case. After passing of the interlocutory order if you have further participated in the hearing without disclosing your intention to the Court that you intend to challenge the interlocutory order in appellate forum so the matter should be adjourned, then you lose your right to challenge the said order. If you have not participated further in the matter and expressed your intentions then the revision/appeal lies.



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