Case Note & Summary
The present Review Application was filed by 13 petitioners seeking review of an interim order dated 25.03.2024 passed by the Madras High Court in W.P.No.7087 of 2023. The writ petition pertained to certain grievances raised by the petitioners. Subsequently, the final hearing of the writ petition was taken up and a detailed final order was delivered on 24.07.2024, reported as 2024:MHC:2974. Both the interim order and the final order were challenged by the petitioners in a Special Leave Petition (Civil) Diary No.38375 of 2024 before the Supreme Court of India. The Supreme Court dismissed the SLP on 06.09.2024, thereby confirming the judgment of the High Court. In light of this, the High Court held that entertaining a review application against the interim order would be infructuous, as the final judgment had already been upheld by the Apex Court. The Court dismissed the review application, noting that no grounds for review existed. The Court also disposed of the connected miscellaneous petition.
Headnote
A) Civil Procedure - Review of Interim Order - Maintainability - Review application against interim order dated 25.03.2024 in W.P.No.7087 of 2023 - Final order in the same writ petition was passed on 24.07.2024 and challenged in SLP (Civil) Diary No.38375 of 2024, which was dismissed by the Supreme Court on 06.09.2024 - Held that once the final judgment has been confirmed by the Apex Court, the review of an interim order becomes infructuous and cannot be entertained (Paras 1-3).
Issue of Consideration
Whether a review application against an interim order is maintainable after the final judgment in the same matter has been confirmed by the Supreme Court.
Final Decision
The Review Application is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed. No costs.
Law Points
- Review application not maintainable after final judgment confirmed by Supreme Court
- Review of interim order infructuous after final disposal
- Principle of merger
Case Details
2026 LawText (MAD) (04) 80
Rev.Aplw.No. 87 of 2026 and W.M.P.No.19261 of 2026
S.M.Subramaniam, C.Kumarappan
C.Kaviarasan and 12 others
A.J.Ethiraj and 19 others
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Nature of Litigation
Review application against an interim order in a writ petition.
Remedy Sought
Review of the order dated 25.03.2024 in W.P.No.7087 of 2023.
Filing Reason
The applicants sought review of an interim order passed in the writ petition.
Previous Decisions
The writ petition was finally disposed of on 24.07.2024. The interim order and final order were challenged in SLP (Civil) Diary No.38375 of 2024, which was dismissed by the Supreme Court on 06.09.2024.
Issues
Whether the review application against the interim order is maintainable after the final judgment has been confirmed by the Supreme Court.
Submissions/Arguments
The applicants argued for review of the interim order. The court noted that the final judgment had been confirmed by the Supreme Court, making the review infructuous.
Ratio Decidendi
A review application against an interim order becomes infructuous when the final judgment in the same matter has been confirmed by the Supreme Court, as the interim order merges with the final order.
Judgment Excerpts
The present Review Application has been instituted to review the order dated 25.03.2024 passed in W.P.No.7087 of 2023.
Pertinently, final hearing of the said writ petition in W.P.No.7087 of 2023 was taken up and a detailed order has been delivered by this Court on 24.07.2024 reported in 2024:MHC:2974.
When the judgment of this Court has been confirmed by the Hon'ble Supreme Court of India, entertaining a Review Application in respect of the order dated 25.03.2024 does not arise.
Procedural History
The writ petition W.P.No.7087 of 2023 was filed. An interim order was passed on 25.03.2024. Final order was passed on 24.07.2024. The petitioners filed SLP (Civil) Diary No.38375 of 2024 challenging both orders, which was dismissed by the Supreme Court on 06.09.2024. Thereafter, the present review application was filed on 27.04.2026.
