Prem Chandra Agarwal & Another Vs. U.P. Financial Corp. & Others
EmailAppeal: Civil Appeal No. 2769 of 2009
[Arising out of SLP (C) No. 15019 of 2008]
With
Contempt Petition (C) No. 164 of 2008
[From the Judgement and Order dated 23.04.2008 of the Hon’ble High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40656/2007]
[Arising out of SLP (C) No. 15019 of 2008]
With
Contempt Petition (C) No. 164 of 2008
[From the Judgement and Order dated 23.04.2008 of the Hon’ble High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40656/2007]
Petitioner: Prem Chandra Agarwal & Another
Respondent: U.P. Financial Corp. & Others
Apeal: Civil Appeal No. 2769 of 2009
[Arising out of SLP (C) No. 15019 of 2008]
With
Contempt Petition (C) No. 164 of 2008
[From the Judgement and Order dated 23.04.2008 of the Hon’ble High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40656/2007]
[Arising out of SLP (C) No. 15019 of 2008]
With
Contempt Petition (C) No. 164 of 2008
[From the Judgement and Order dated 23.04.2008 of the Hon’ble High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40656/2007]
Judges: Markandey Katju & H.L. Dattu, JJ.
Date of Judgment: Apr 23, 2009
Appearances:
Appearances
Mr. Vijay Hansaria, Senior Advocate, Mr. Ravi Mehrotra, Mr. R.K. Singh (for Mr. Dharmendra Kumar Sinha), Advocates with him for the Appellant.
Mr. Shrish Kumar Misra, Advocate for the Respondent.
Mr. Vijay Hansaria, Senior Advocate, Mr. Ravi Mehrotra, Mr. R.K. Singh (for Mr. Dharmendra Kumar Sinha), Advocates with him for the Appellant.
Mr. Shrish Kumar Misra, Advocate for the Respondent.
Head Note:
PRACTICE AND PROCEDURE
Interim order on 24.4.04 – Appeal against – Final order on 25.8.08. Held, since all interim orders cease to exist when final order is passed, interim order passed on 24.04.2008 also ceases to exist. Appeal being infructuous, is dismissed.
Interim order on 24.4.04 – Appeal against – Final order on 25.8.08. Held, since all interim orders cease to exist when final order is passed, interim order passed on 24.04.2008 also ceases to exist. Appeal being infructuous, is dismissed.
JUDGEMENT:
ORDER
Civil Appeal No. 2769 of 2009 (@ SLP (C) NO. 15019 / 2008:
1. Leave granted.
2. This appeal has been filed against the interim order dated 24.4.2004 passed by the High Court of Allahabad in Civil Misc. Writ Petition No. 40656 of 2007.
3. Mr. Vijay Hansaria, learned senior counsel appearing for the appellants submits that subsequently final judgment has been passed by the High Court on 25.8.2008 in the writ petition.
4. It is a well-settled principle that once a final order is passed, all earlier interim orders merge into the final order, and the interim orders cease to exist.
5. In this appeal, since the final order has been passed by the High Court, obviously all interim orders passed by the High court in the same writ petition cease to exist automatically. Consequently, any direction given in the interim order dated 24.4.2004 also ceases to exist.
6. In view of the final order passed by the High Court, the impugned interim order and any direction therein have ceased to exist. The appeal has become infructuous and is, accordingly, dismissed.
Contempt Petition (C) No. 164 of 008 in SLP (C) 15019 / 2008:
7. In view of the aforesaid decision, Contempt Petition is dismissed.
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Civil Appeal No. 2769 of 2009 (@ SLP (C) NO. 15019 / 2008:
1. Leave granted.
2. This appeal has been filed against the interim order dated 24.4.2004 passed by the High Court of Allahabad in Civil Misc. Writ Petition No. 40656 of 2007.
3. Mr. Vijay Hansaria, learned senior counsel appearing for the appellants submits that subsequently final judgment has been passed by the High Court on 25.8.2008 in the writ petition.
4. It is a well-settled principle that once a final order is passed, all earlier interim orders merge into the final order, and the interim orders cease to exist.
5. In this appeal, since the final order has been passed by the High Court, obviously all interim orders passed by the High court in the same writ petition cease to exist automatically. Consequently, any direction given in the interim order dated 24.4.2004 also ceases to exist.
6. In view of the final order passed by the High Court, the impugned interim order and any direction therein have ceased to exist. The appeal has become infructuous and is, accordingly, dismissed.
Contempt Petition (C) No. 164 of 008 in SLP (C) 15019 / 2008:
7. In view of the aforesaid decision, Contempt Petition is dismissed.
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