Case Note & Summary
The dispute arose from a Writ Appeal filed by the fourth respondent in W.P.(MD)No.25452 of 2026, challenging an interim stay order issued by the learned Single Judge on 02.09.2026. The interim stay was related to an order dated 05.08.2026 passed by the first respondent. The court noted that the Writ Appeal was not maintainable as per Clause 15 of the Letters Patent, which does not allow appeals against orders from Writ Miscellaneous Petitions. The court referenced the Supreme Court's decision in Midnapore Peoples Cooperative Bank Limited vs. Chunilal Nanda, which categorized interim orders and clarified that only certain types of orders could be appealed under the Letters Patent. Ultimately, the court dismissed the Writ Appeal, vacated the interim order, and stated that there would be no order as to costs, closing the connected Miscellaneous Petition.
Headnote
A) Writ Appeal - Maintainability - Intra Court Appeal - Writ Appeal found not maintainable under Clause 15 of the Letters Patent - The court held that an intra Court appeal does not lie against orders passed in a Writ Miscellaneous Petition, as clarified by the Supreme Court in Midnapore Peoples Cooperative Bank Limited vs. Chunilal Nanda. The court dismissed the Writ Appeal and vacated the interim order granted by the learned Single Judge (Paras 3-5).
Issue of Consideration
Whether the Writ Appeal was maintainable under Clause 15 of the Letters Patent against the order passed in a Writ Miscellaneous Petition.
Law Points
- Maintainability of Writ Appeal
- Interim Orders
- Letters Patent
- CPC
