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Court has jurisdiction to issue appropriate interim

Court has inherent jurisdiction to issue appropriate interim orders for a specified period

 
 An incidental question however, would arise; Has the Court which has to draw up the decree the power to pass any interim order directing maintenance of status quo as it existed prior to the passing of the decree during the pendency of the application of the party for the certificate. This rule, as already noted, is enacted with the object of enabling the defeated party to a suit to file an appeal against the decree urgently and move the appellate Court for appropriate interim orders. This object sought to be achieved, would get frustrated unless the Court which passed the decree has the requisite power to stay the operation of the decree until such time, the aggrieved party to the appeal and moves the appellate Court for appropriate interim orders. But there no provision in the Code conferring such a power on the Court. Does that mean that the Court under such circumstances has no power to issue appropriate interim orders?; or, are we to understand that the Court shall remain a mute witness or silent spectator of the situation brought about by the decree? In my view, in such circumstances, the Court in exercise of its inherent power, recognised under Section 151 Code of Civil Procedure, can pass appropriate interim orders for a specified period. This section, it should be remembered, has been enacted with the avowed object of reminding Courts the need to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. (See the decision of the Supreme Court in Manohar Lal v. Sait Hiralal MANU/SC/0056/1961 : A.I.R. 1962 S.C. 527. The Court, therefore has the inherent jurisdiction to issue appropriate interim orders for a specified period, like suspending the judgment and decree, granting temporary injunction or interim stay etc.
Citation;1990KLJ284
IN THE HIGH COURT OF KERALA
C.R.P. No. 233 of 1990 A
Decided On: 30.01.1990
Appellants: P.C. Zachariah
Vs.
Respondent: The State of Kerala and Ors.

https://www.lawweb.in/2013/08/court-has-inherent-jurisdiction-to.html



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