Interim orders affecting substantial rights and causing prejudice are appealable.
Last Updated on February 5, 2025 by NewsDesk SLC
The Superior Court of Kerala recently ruled that the provisional orders that affect substantial rights and that cause prejudices to the parties are appealable, while a petition for writing is pending. This decision was based on section 5 (i) of the Law of the Superior Court of Kerala, 1958, which allows appeals of judgments or orders of a single judge in the exercise of the original jurisdiction.
In this case, the Court considered the maintenance capacity of a written appeal against an interim order. The Bench of the Division of Judge Anil K. Narendran and Judge Muralee Krishna S. observed that the provisional order in question was not simply procedural, but affected the substantial rights and liabilities of the parties, causing a significant prejudice.
The request for the letter requested a statement that the highest registrar of the Superior Court, designated by the promotion, was entitled to a higher rating on the payment scale. The Interim Order ordered the Chief Secretary to implement the recommendation of the President of the Supreme Court for the Higher Degree. The State transferred the written appeal under section 5 (i), arguing that the intermediate order caused substantial prejudice.
The court indicated that the allegations were complete and that the matter could be published for the final hearing. However, he emphasized that such provisional orders, which mention substantial rights and liabilities, are appealable according to section 5 (i).
This decision clarifies that not all intermediate orders are appealable, only those that significantly affect the rights and liabilities of the parties involved.
