PREM CHANDRA AGARWAL & ANR.versusU.P. FINANCIAL CORPN. & ORS.
- Citation
- 2009 INSC 597
- Decided
- 23 April 2009
- Disposal
- Dismissed
Holding
The appeal is infructuous and dismissed because the final order merges and extinguishes the earlier interim order.
Summary
Prem Chandra Agarwal & Anr. appealed to the Supreme Court against an interim order passed by the Allahabad High Court in a writ petition. While the appeal was pending, the High Court delivered a final judgment in the same matter, thereby rendering the earlier interim order subsumed into the final order. The Supreme Court examined whether the appeal against the interim order could continue after the final order was pronounced. It held that once a final order is issued, all preceding interim orders merge into it and cease to exist. Consequently, the appeal became infructuous and was dismissed.
Issues considered
- Whether an appeal filed against an interim order remains maintainable after a final order is passed by the same court, thereby merging the interim order.
Subjects
Judgment
[2009] 6 S.C.R. 931
...
PREM CHANDRA AGARWAL & ANR. A
-",
v.
U.P. FINANCIAL CORPN. & ORS.
(Civil Appeal No. 2769 of 2009)
APRIL 23, 2009
B
[MARKANDEY KATJU AND H.L. DATTU, JJ.)
INTERIM ORDER:
Appeal challenging interim order passed by High Court c
- Subsequently final judgment delivered by High Court -
HELD: Once a final order is passed, all earlier interim orders
merge into the final order, and the interim orders cease to
exist .:... In view of the final order passed by the High Court,
)1
the interim order under appeal and any direction therein have D
ceased to exist - Appeal has become infructuous and is,
accordingly dismissed.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
2769 of 2009.
E
From the Judgment and Order dated 23.10.2008 of the
High Court of Judicature at Allahabad in Civil Misc. Writ
Petition No. 40656 of 2007.
WITH
F
Contempt Petitiori (C) No. 164 of 2008.
Vijay Hansaria, Ravi Mehrotra, R.K. Singh (for
Dharmendra Kumar Sinha) for the Appellant.
. G
Shrish Kumar Misra fbr the Respondent.
'..
The following Order of the Court was delivered
'
931 H
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