U. SUDHEERA & OTHERS versus C. YASHODA & OTHERS

U. SUDHEERA & OTHERS versus C. YASHODA & OTHERS

The High Court erred in granting an interim order directing status quo in a second appeal without first satisfying itself that a substantial question of law was involved and without framing such question as mandated by Section 100 CPC; accordingly the interim order was set aside and the appeal allowed. Section 151 CPC cannot be invoked to override the express requirements of Section 100 CPC.

Parties
Appellants: U. Sudheera & Others; Respondents: C. Yashoda & Others
Jurisdiction
India
Judgment Date
16 January 2025
Procedural Posture
Civil Appeal (challenge to High Court Interim Order in a Second Appeal) / Appeal From High Court Interim Order Dated 20.09.2024 in SA No. 518 of 2023
Outcome
Appeal allowed
Legal Topics
Section 100 CPC, Substantial Question of Law, Interim Order, Section 151 CPC, Order Xli/order 41 Rule 5, Status Quo
Code of Civil Procedure, 1908 Civil Appeal Second Appeal Inherent Powers of Court Section 100 CPC Substantial Question of Law Interim Order Section 151 CPC +2 more

Case Brief

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Parties

U. Sudheera & Others

Appellants

C. Yashoda & Others

Respondents

Procedural Posture

Civil Appeal (challenge to High Court Interim Order in a Second Appeal) / Appeal From High Court Interim Order Dated 20.09.2024 in SA No. 518 of 2023

Legal Issues

  1. 1 Whether the High Court can pass any ad interim order for a limited period before framing substantial question(s) of law while dealing with a second appeal under Order XLI r/w Section 100 CPC
  2. 2 Whether the High Court can invoke its inherent power under Section 151 CPC to grant interim protection in violation of the express mandates of Section 100 CPC

Ratio Decidendi

The High Court erred in granting an interim order directing status quo in a second appeal without first satisfying itself that a substantial question of law was involved and without framing such question as mandated by Section 100 CPC; accordingly the interim order was set aside and the appeal allowed. Section 151 CPC cannot be invoked to override the express requirements of Section 100 CPC.

Court Disposition

Appeal allowed

Orders

  • Impugned interim order dated 20.09.2024 made in SA No. 518 of 2023 is set aside
  • No order as to costs