Case Note & Summary
The dispute arose from a Writ Appeal filed by the fourth respondent in W.P.(MD)No.25453 of 2026, challenging an interim stay order issued by a learned Single Judge on 02.09.2026. The interim stay was against an order dated 05.08.2026 passed by the first respondent. The Writ Appeal was presented under Clause 15 of the Letters Patent. The court noted that it had previously dismissed the main Writ Petition, rendering the appeal moot. The court examined the maintainability of the Writ Appeal, referencing the Supreme Court's decision in Midnapore Peoples Cooperative Bank Limited vs. Chunilal Nanda, which clarified that not all orders are appealable under Clause 15. The court categorized interim orders into five types, determining that only those that finally decide a question or materially affect the main case are considered judgments for appeal purposes. The court concluded that the interim order did not meet these criteria, leading to the dismissal of the Writ Appeal and the vacation of the interim order. No costs were awarded, and the connected Miscellaneous Petition was closed.
Headnote
A) Writ Jurisdiction - Maintainability of Writ Appeal - Intra Court Appeal against Writ Miscellaneous Petition - Under Clause 15 of the Letters Patent, an intra Court appeal does not lie against orders passed in a Writ Miscellaneous Petition. The court held that the appeal was non-maintainable as the interim order did not fall under the categories of judgments for appeal purposes as defined by the Supreme Court. Held that the Writ Appeal was dismissed and the interim order was vacated (Paras 3-5).
Issue of Consideration
Whether the Writ Appeal was maintainable against the order passed in a Writ Miscellaneous Petition.
Law Points
- Writ Appeal
- Letters Patent
- Interim Orders
- Maintainability
- Interlocutory Orders
