BHANKRA BYAS MANAGING BOARD versus SURESH AND ANR.

BHANKRA BYAS MANAGING BOARD versus SURESH AND ANR.

High Court was not justified in granting final relief as an interim order at the admission stage of second appeal; interim order is set aside and second appeal directed to be decided expeditiously in accordance with law.

Parties
Appellant: Bhankra Byas Managing Board; Respondent No. 1: Suresh; Respondent No. 2: Anr.
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Civil Appeal / Appeal Against Interim Order of High Court in Second Appeal
Outcome
Appeal allowed; interim order of High Court set aside; second appeal to be decided within six months; no order as to costs.
Legal Topics
Compassionate Appointment, Interim Relief, Second Appeal, Legal Heirship
Civil Procedure Compassionate Appointment Interim Relief Second Appeal Legal Heirship

Case Brief

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Parties

Bhankra Byas Managing Board

Appellant

Suresh

Respondent No. 1

Anr.

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal Against Interim Order of High Court in Second Appeal

Legal Issues

  1. 1 Whether High Court can grant final relief as interim order at admission stage in second appeal
  2. 2 Whether respondent No. 1 was entitled to compassionate appointment during pendency of second appeal

Ratio Decidendi

High Court was not justified in granting final relief as an interim order at the admission stage of second appeal; interim order is set aside and second appeal directed to be decided expeditiously in accordance with law.

Court Disposition

Appeal allowed; interim order of High Court set aside; second appeal to be decided within six months; no order as to costs.

Orders

  • Interim order of High Court set aside.
  • High Court to decide pending second appeal within six months from date of supply of copy of order.