Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]
Supreme Court in Raghavendra Swamy Mutt vs. Uttaradi Mutt has held that, solely because the Court has the jurisdiction to pass an ex parte interim order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief.Apex Court Bench comprising of Justices Dipak Misra and. Supreme Court in Raghavendra Swamy Mutt vs. Uttaradi Mutt has held that, solely because the Court has the jurisdiction to pass an ex parte interim order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh dismissed an appeal against Karnataka High Court order vacating its own interim stay order in a second Appeal. The Court further said “It is because formulation of substantial question of law enables the High Court to entertain an appeal and thereafter proceed to pass an order and at that juncture, needless to say, the Court has the jurisdiction to pass an interim order subject to the language employed in Order XLI Rule 5.
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