Fate of interim order after final order
mukesh Gupta
(Querist) 13 March 2012
This query is : Resolved
Sir (s),
In one of the case an interim order was passed. Later on the main case was decided but the final order passed did not speaks about the interim order passed as to whether the same merges in the final order or stand vacated.
In such a situation was will be the fate of the said interim order? Whether a party can proceed for the operation of the said interim order or file an contempt petition?
Pls. advice. If u can provide some citation it will be grate.
Thanks.
ajay sethi
(Expert) 13 March 2012
it is common sense. once case has been disposed of finally by an final order or decree the interim order stands vacated . it is no longer in operation .
no contempt petition lies .
venkatesh Rao
(Expert) 13 March 2012
Final order engulfs the interim order.
Amit Pateria
(Expert) 14 March 2012
Dear Author,
Interim Orders are passed by the Court/s as an interim masure. the word Interim order itself reflect it's meaning and purpose which is an order passed by a Court during the pendency of the litigation. So once the final order is passed all the interim measures which are generally the status quo will stand vacated.
The only remedy available to you is to Appeal to the higher court.