meaning of INTERLOCUTORY
sampoorna
(Querist) 18 February 2009
This query is : Resolved
repected sir/madam,
This is sampoorna can any body pls tell me the meaning of INTERLOCUTORY,
what if the stage of the case in high court, if it is INTERLOCUTORY in the high court,
thanking you all
sampoorna
(Querist) 18 February 2009
INTERLOCUTORY
PALNITKAR V.V.
(Expert) 18 February 2009
Dear Sampoorna,
I think you mistakenly clicked on resolved status instead of 'open'. It happens.
Interlocutory means any stage before termination of any proceeding. it has been interpreted in many ways e.g. intermediate, interim, temporary etc. But it is something which does not finally determine any rights of the parties in issue.
M. PIRAVI PERUMAL
(Expert) 18 February 2009
Pronounced or decided during the course of an action or suit and merely temporary or provisional in nature.
M. PIRAVI PERUMAL
(Expert) 18 February 2009
Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit.
Interlocutory actions are taken by courts when a question of law must be answered by an appellate court before a trial may proceed or to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding. Generally, courts are reluctant to make interlocutory orders unless the circumstances surrounding the case are serious and require timely action.
Interlocutory orders may be issued in a divorce proceeding to prevent injury or irreparable harm during the pendency of the lawsuit. For example, an interlocutory order may require one spouse to pay the other spouse a designated sum as maintenace, pending a decision on alimony and child support. This prevents the spouse and children from being without income during the action.
Courts may also issue interlocutory orders where property is about to be sold or forfeited and a lawsuit has been filed seeking to stop the action. In this type of case, a court will enter an interlocutory injunction, preventing the transfer of property until it has made a final decision. To do otherwise would cause irreparable harm and would complicate legal title to the property if the person contesting the transfer ultimately prevailed.
Thus, though the courts value finality in most proceedings, interlocutory orders and appeals are available to protect important rights.
PALNITKAR V.V.
(Expert) 18 February 2009
Mr. Perumal has given very exhaustive reply. Thanks.
A. A. JOSE
(Expert) 19 February 2009
I thank Mr.Perumal and Mr.Palnitkar for elaborately dealing with the question and for not leaving anything further for others to comment please.
Adv.Shine Thomas
(Expert) 23 February 2009
I agree with the above views.The term interlocutory refers to an order,sentence,decree or judgment.An interlocutory order is not final and in many cases it is not appealable
Sachin Bhatia
(Expert) 04 October 2009
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal.
Sarvesh Kumar Sharma Advocate
(Expert) 04 October 2009
