RAGHAVENDRA SWAMY MUTT versus UTTARADI MUTT

RAGHAVENDRA SWAMY MUTT versus UTTARADI MUTT

The High Court cannot admit a second appeal or grant interim orders before examining whether any substantial question of law arises and thereafter formulating one for admission under Section 100 CPC. The practice of passing interim orders prior to such formulation is contrary to the scheme of CPC post-1976 amendment as confirmed by Supreme Court precedents. The High Court correctly rectified its prior mistake by vacating the interim order.

Parties
Appellant: Raghavendra Swamy Mutt; Respondent: Uttaradi Mutt
Jurisdiction
India
Judgment Date
30 March 2016
Procedural Posture
Civil Appeal / Appeal Dismissed; Challenged Interim Order of High Court Vacating Earlier Stay
Outcome
Appeal dismissed
Legal Topics
Second Appeal, Interim Orders, Substantial Question of Law, Ad Interim Relief
Civil Procedure Second Appeal Interim Orders Substantial Question of Law Ad Interim Relief

Case Brief

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Parties

Raghavendra Swamy Mutt

Appellant

Uttaradi Mutt

Respondent

Procedural Posture

Civil Appeal / Appeal Dismissed; Challenged Interim Order of High Court Vacating Earlier Stay

Legal Issues

  1. 1 Whether High Court can entertain an interlocutory application (IA) seeking interim relief before formulating substantial question of law under Section 100 CPC in a second appeal

Ratio Decidendi

The High Court cannot admit a second appeal or grant interim orders before examining whether any substantial question of law arises and thereafter formulating one for admission under Section 100 CPC. The practice of passing interim orders prior to such formulation is contrary to the scheme of CPC post-1976 amendment as confirmed by Supreme Court precedents. The High Court correctly rectified its prior mistake by vacating the interim order.

Court Disposition

Appeal dismissed

Orders

  • Appeal stands dismissed with no order as to costs.
  • Supreme Court's interim arrangement for 'aradhana' limited to a specific occasion and does not create any equity.