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2020 DIGILAW 269 (UTT)

Mata Vaishno Devi Bal Vidya Mandir Trust Society v. State of Uttarakhand

2020-07-06

R.C.KHULBE, RAMESH RANGANATHAN

body2020
JUDGMENT : Ramesh Ranganathan, C.J. 1. Heard Mr. Shashank Pandey, learned Counsel for the appellant-writ petitioner, and Mr. K.N. Joshi, learned Deputy Advocate General, for the State. 2. The present appeal is preferred against the proceedings of the learned single Judge in WPMS No. 930 of 2020 dated 24.06.2020, whereby three weeks' time was granted to the respondents to file their counter affidavit. While directing the matter to be listed after three weeks, the learned single Judge made it clear that, in case no counter affidavit is filed by the next date of listing, the interim relief application would be considered on that day. 3. On the ground that no interim relief was granted to the petitioner, the intra-court appellate jurisdiction of this Court is invoked. The scope for interference in an intra-court appeal, under Chapter VIII Rule 5 of the Allahabad High Court Rules, is extremely limited. An intra-court appeal lies only against a "judgment", and not all interlocutory orders constitute a "judgment". Even otherwise, all that the learned single Judge has done, in the present case, is to defer hearing of the interlocutory application by three weeks. The proceedings, whereby hearing of an interlocutory application is deferred by three weeks, does not constitute a judgment, nor can it be construed as a refusal to grant interim relief justifying invoking the intra-court appellate jurisdiction of this Court. 4. We see no reason, therefore, to interfere with the order under appeal. The special appeal fails and is, accordingly, dismissed. No costs.