THAKKER, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 561 (8ed. The court can exercise this right at the request of the parties involved in the litigation or by a suo moto action. No. “This belongs to me” “No! Injunctions can be classified into various types-, A permanent injunction will forever restrict a party from performing a specified act, and a ruling can only be granted on the merits of the case after the hearing of both parties is over. [2] While the court may order attachment before judgement to check any attempt of the defendant to defeat the realization of decree likely to be passed against him so that his property may be attached before the service of summons, institution of suit or before judgement and decree.[3]. According to the definition mentioned in the dictionary, a Suit is a term that refers to a proceeding that is Read more…, Introduction: A term with Latin roots of etymology, Caveat simply translated stands for “let the person beware”. 8 O. 11 O. Want to become a writer at Law Times Journal? Co. v. Solanki Traders, (2008) 2 SCC 302. Directive Order – The courts issue a directive order to instruct either party to act in a specific way … The issuing of the commission is exhaustive in nature and is the inherent power of the court given under section 151 of Code of Civil Procedure 1908, therefore court cannot issue on any other case. 6A O. Preservation, sale of goods, and providing interim custody of the subject matter, Securing the amount in dispute, Detention and inspection of the subject matter, Interim injunction and appointment of the receiver, Any other measure which the court will find just and convenient. 1. The court may pass interim orders in form of commissions and letter of requests which are also called incidental proceedings, arrest and attachment before judgement, temporary injunctions, interim sale of movable property, detention, preservation, inspection of suit property, putting a party in immediate possession of land or tenure, deposit of money in court, appointment of Receiver, deposit of claim amount by defendant and security for costs. [10] On the other hand, if the plaintiff accepts the payment as a satisfactory amount in part of his claim, he has the right to file a lawsuit to recover the balance. [24] The court can also order all or any part of the property to be directly and conditionally attached. What is the meaning of “Interlocutory Orders”? In the language of the law, this order is known as an interim order. However, the court should make this order in the following circumstances: The purpose of this rule is to provide protection to defendants in some instances, where if the case became successful from the side of the defendant, they may have difficulty in realizing their costs from the plaintiff.[13]. Interlocutory order is another word for interim orders. From this, it can be understood that a fact as to interlocutory application filed under O rder 39 Rule 1 CPC can be proved by an affidavit. The granting of interim order depends on the scope and nature of the facts and circumstances of each case because it is impossible to provide a single formula for the calculation of the same. [5] So, various other conditions have also been laid down which courts can weigh while deciding petitions demanding grant of interim relief-. It is done so, because the subject matter of suit must be protected until the judgement is passed. Therefore, an order of temporary injunction[4] maintains a status quo at the time of institution of suit in respect of disputed property s as to avoid any change in its position till the final adjudication. The Civil Court is empowered to give various types of relief and orders. If a person does not obey the court’s order then the court can also refuse to hear the person’s opinion. click above. Rules 6 to 10 of Order 39 mention certain interlocutory orders, which include the court’s power to order the interim sale of movable property, to order the detention, preservation or inspection of any property which is the subject-matter of such suit. If later, the uncertainty of the matter in the suit is resolved in favour of the plaintiff then it should not happen that the plaintiff will not get sufficient compensation in the lawsuit because of that irreparable loss. Some examples of court orders classified as interim orders include: Restraining orders (also called Injunction), which are issued to stop either party from acting in a particular manner during the pendency of the civil action. If the receiver fails to give in to the account or is unable to pay the outstanding amount, or due to deliberate breach of contract or negligence caused damage to the goods then the court may instruct the seizure and sale of any of his property, and make up any money due to him. Likewise, Party B was declaring that the property had been sold to him by the father of Mr A so he has ownership of that property and he will not stop construction activities. 13 O. Ans. provides for interim measures under Sections 91 and 172 by courts and arbitral tribunals respectively. Usually, an interim injunction is granted while finally deciding the main application and the injunction will continue until the litigation is dealt with. Detention Preservation , Inspection, etc of subject matter of suit; The court may order for: etention, preservation or inspection of property or documents. Similar to arrest before judgment, the court in certain conditions may order attachment before judgment. Rule 7 empowers courts to authorize any person to enter into any land or building owned by any party for sampling, observation, or experimentation for detention, preservation, or inspection of the property which is the subject matter of the suit. 9 CPC - INJUNCTION 2015 The Supreme Court in Ramrameshwari Devi and ors. 3. [9], Interim orders under CPC may be condensed under-, In a suit for debt or damages, it is open to the defendant that he can deposit such sum of money as he considers a satisfaction in full of the plaintiff’s claim at any stage of the proceeding of the matter. The language mentioned in Order 39 rule 1 ‘ Where in any Suit it is proved by affidavit or otherwise—‘ has some meaning. 1. to examine witnesses (Sections 76-78; Order 26 Rules 1-83). [23], If any property in dispute in the litigation is in danger of being wasted, damaged, or transferred by either party in the litigation, or is in danger of being wrongly sold as a result of the execution of the law[29]; or, The defendant threatens or intends to remove or dispose of his property to defraud his creditors[30] or, The defendant threatens to dispose of the plaintiff or otherwise harm the plaintiff with respect to any property disputed in the lawsuit[31], or, The defendant is about to breach the contract or any other form of injury[32]; or, The court considers that it is in the interest of justice.[33]. It is done so, because the subject matter of suit must be protected until the judgement is passed. On the one hand, if the interim order is rejected, will the petition itself become fruitless and on the other hand, if the interim order is granted, then the other party may suffer huge losses and hardships, considering that the losses suffered by the affected party, in this case, are irreparable. Section 9 of the Act is broadly based on Article 9 of Model Law and provides for the grant of interim measures by a court. [14], The limitations given under section 79 and order 26 concerning the issuance of the commission did not apply to the Supreme Court and High Court in the exercise of their constitutional powers.[15]. Any party to the suit may apply for this order by presentation of an application against another. Indian Penal Code and Procedural law i.e., the law that prescribes the mode by which the application of the substantive law is to be regulated e.g. A court may also pass an interlocutory order of injunction which means a prohibition or restriction which is temporary, resisting a party to suit from doing certain acts or is directed to do certain acts. Vs. M/s. Law can be broadly categorized into two types: Substantive law, that is, the laws by which duties, rights, and liabilities are defined e.g. 2017), [2] Anand Prasad Agarwalla vs. Tarkeshwar Prasad & Ors. Q6. However, if it is finally found that the deposit fully meets the requirements of the plaintiff, the plaintiff shall pay all expenses incurred after the deposit.[11]. Call us at- 8006553304, © 2014-2020 Law Times Journal | All Rights Reserved. This is one of the most severe remedies provided by the law for the enforcement of rights, so it should not be taken lightly. It neither creates nor takes away any right. [20] Goutiers v. Roberts, (1870) 13 Suth WR 278, [21] Seth Chand Mull v. Purushottamdoss, AIR 1926 Mad 584; Probode Chunder v. M. Dowey, ILR (1887) 14 Cal 695; Vareed Jacob v. Sosamma Greevarghese, AIR 2004 SC 3992; V. Balakrishnan v. J.M. 16 in favour of the original defendant No. Since the arrest of the defendant before passing the judgment in favour of the plaintiff is an extreme action so it should be performed with due care and caution. The court may award in the decree the amount so paid and interest on it to be paid against the defaulter. 5 O. [16] So, the court should always look at Rule 1 before passing any order requiring the arrest of the defendant before judgment. Temporary injunctions. [27] The main purpose of granting interim relief is to retain the disputed property until the court determines the legal rights and conflicting requirements of the parties. & Process Engg. 13. the defendant intentionally delays the plaintiff or avoids any court procedure, or hinders or delays the execution of any decree that the litigation may take against him, absconded or has left the local limits of the court’s jurisdiction, or, is about to abscond or left the local restrictions of the court’s jurisdiction, or. 1 : Issue 2 – BNWJ-0820-029, Jurispedia – Vol. It is intended to regulate the procedure to be followed by civil courts. It is the responsibility of the court to strike a balance between the two extreme positions. 2 O. The main purpose of attachment before the judgment is to prevent the defendant from attempting to undermine, execution of the decree against him. The Code of Civil Procedure, 1908 (CPC) is an adjective law. According to Section 75, a court may issue a commission for any of the following purposes: The commissioner’s report will provide preliminary evidence about the facts and data collected by the commissioner. Initial/Temporary orders. The rights of parties are protected in the interval between the commencement of the proceeding and final adjudication. However, if the defendant pays to the officer (executing the warrant) the amount specified in the bond sufficient to satisfy the plaintiff’s claim, he shall not be arrested. [7] If any party to the suit admits that he holds such money or other thing as a trustee for another party, the court may make an interim order of depositing such money in the court.[8]. 2017). In fact, the said Rule is the repository of the power to grant orders of temporary injunction with or without notice, interim or temporary, or till further orders or till the disposal of the suit. An interim order may be classified into two categories depending upon the nature of the direction issued by the court. Such is the deposit of claim amount by the defendant. Vs. Nirmala Devi and ors., Civil Appeal No.49/2011 has held that: “the Court should be extremely careful and cautious in granting ex parte ad interim injunctions or stay orders. 1 R. 18 O. Therefore, the courts can pass such interim orders as it thinks fit like attachment of property, injunction etc. 1 : Issue 3 – BNWJ-0920-099, Jurispedia – Vol. This appeal coming on for orders under Rule 64 of the Appellate Side Rules of the High Court on the failure of the Appellant herein. While dealing with the appeal, the Court observed that ordinarily in exercise of its jurisdiction under Art.136 of the Constitution, this Court does not interfere with the orders of interim … Unlike Model Law, Section 9 provides for interim measures of protection not just before the commencement However, he cannot refuse to follow the order. The court establishes complete justice between the parties. An interim order is given mainly to ensure that the interests of either party are not harmed due to and during the process of Justice. A court may also pass an interlocutory order of injunction which means a prohibition or restriction which is temporary, resisting a party to suit from doing certain acts or is directed to do certain acts. Schedule 1 of CPC (Various orders and rules also deal it). ORDER XXXIX of CIVIL PROCEDURE CODE (CPC) – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. One should consider whether the plaintiff will or will not suffer irreparable losses and injuries if the injunction will be refused, keeping in mind the strength of the litigants. Section 75 to 78 of the CPC deals with the power of the court to issue a commission, which has been further detailed in Order 26 of the Code. Here, it is most relevant to consider Order 19, Rule 1 of CPC. The power of the court to issue commissions can be exercised by the court on its discretion. 7 O. Such interim orders may be summarized thus: Commissions : Order 26; Arrest before judgement : Order 38; Attachment before judgement : Order 38; Temporary injunction : Order 39; Interlocutory orders : order 39; Receiver : Order 40; Security for Costs : Order 25; Payment in court : Order 24 The court is required to make sure that the party approaching court for the appointment of the receiver should come with no malafide intentions. Even if there are serious problems or preliminary evidence to support the grant, the balance between convenience and inconvenience should be considered a principal requisite. The court to protect both the parties from incurring any loss passed an order to stop construction activities on the disputed property with an immediate effect. Injunctions will be preventive if they prevent, prohibit or restrict someone from doing something; or mandatory when they force or order someone to do something. So, interim orders are passed by the court but these orders are passed only on the basis of the primary findings if prima facie court feels that an interim order should be passed then a court can pass it but one should not forget that these orders are tentative.[2]. It is pointed out in Order XXV Rule 1 that the court can order the plaintiff to provide security at any stage of the litigation to pay the costs incurred by the defendant. The meaning of this maxim is that “any act of the court should not be biased to anyone.”. Party A was asking Party B to abandon the premises and stop construction activities because that property is their ancestral property and after the death of their father it should belong to them. 14 O. Your go-to page for understanding law and everything that comes along with it. An injunction is a remedy issued to a person in the form of a court order that prohibits the person from engaging in or continuing to perform a specific act or ordering him to perform a certain act. The court may pass interim orders in form of commissions and letter of requests which are also called incidental proceedings, arrest and attachment before judgement, temporary injunctions, interim sale of movable property, detention, preservation, inspection of suit property, putting a party in immediate possession of land or tenure, deposit of money in court, appointment of Receiver, deposit … Firstly, if the plaintiff claims that it is not the full amount, a suit for balance amount may be instituted or otherwise if the court is satisfied, it is a full claim, the court shall order plaintiff to pay the costs. The court in Deoraj vs. State of Maharashtra & Ors[7] has said that, only when it is satisfied that the withholding of interim order will prick the court’s conscience and violently violate judicial justice, causing injustices to persist throughout the hearing, and the court will not be able to maintain justice, the court can grant such temporary relief. These orders are also of different natures, such as: Interim Sale : Interim sale of any movable property may be ordered, if it is subject to natural decay, such as vegetable etc. To take steps to bring on record the LRs. Such orders of security for costs[10] are passed where there is a likelihood whereby a defendant is going to be deprived of the costs even when he succeeds in the suit, thereby, the court may direct the plaintiff to give security for payment of costs to the defendant. The nature of the order essentially depends on the direction issued by the Court. The court ordered the said order shall be uploaded on the court website to give access to this order to every authority. 16 O. [3] Three basic principles have been laid down by courts based on which interim orders can be granted viz. [25], The court cannot order the attachment or production of any agricultural products owned by agriculturists.[26]. 1 R. 8 O. The court before passing such an order should ensure that if this order will not be passed then there is a real danger of losing the defendant and his property as the defendant can remove them from the jurisdiction of the court. The main purpose of this order is to prevent the defendant from making any attempt to defeat or escape from any liability imposed by the court on him and protect the interest of the plaintiff. The Code of Civil Procedure came into effect on 1 January 1909. Appeal is provided under Section 96 of the CPC, which says that except as provided in CPC or any other law for timbering in force, an appeal shall lie from any decree passed by court exercising Original Jurisdiction to appeal Court authorized to hear the appeal from the decision of the Court i.e. THAKKER & M.C. [9] If the defendant after giving notice, deposits in court, such sum of money as he considers a satisfaction of full claim, such shall have two effects. If no one has the right of enjoyment of the property and it is also proved with the help of adequate pieces of evidence then it will be in the common interest of all the litigants to appoint a receiver. Civil Procedure Code. 9 CPC - INJUNCTION 2015 The Supreme Court in Ramrameshwari Devi and ors. [8] Order XXXIX, Rule 10eval(ez_write_tag([[300,250],'lawtimesjournal_in-banner-1','ezslot_11',115,'0','0'])); Hello. Then court can pass these temporary or interim orders on the pillars of justice and equity. It could be said that interim orders play a very vital role in smoothly conducting litigation proceedings as they help in dealing and protecting the rights of the litigants in the period between the commencement of proceedings and pronouncement of final judgment. Another interlocutory order has an effect, if complied duly, of disposing the suit. Protect the interests of the plaintiff from infringement of their rights, considering the harm that may be suffered by the defendant as a result of it. 1992 CLC 1913 KAR at 1915-A. Interim orders are the temporary orders which are passed for a limited duration just before the final order. “Where even the Court exercising power under Section 9 of The Act has to be guided by the principles of the CPC then a fortiori an interim order by a Tribunal requiring furnishing of security for the monetary amount of claim by one party had to satisfy the requirement of Order XXXVIII Rule 5 CPC.” [14] 6 R. 17 O. The bone of contention in the present case was whether an order passed in an application for interim injunction made under Order 39 Rules 1 and 2 of the Code of Civil Procedure,1908 in Regular Civil Appeal filed under Order 41 of the CPC is appealable under Order 43 Rule (1) sub-rule (r) of the CPC. “Appeal under Section 96 CPC against the order of the Court of the IV Addl. In certain situations where the defendant can use the property involved in the dispute in such a way that the situation becomes irreparable, these temporary reliefs should be granted by the court. What is the meaning of “Interlocutory Orders”? Realize, manage, protect, preserve and improve property; Collect, use and dispose of profits and rents; These powers that it considers appropriate. Thus, it is clear that, passing of orders/granting interim-measures under Section 9 does not presuppose existence of asset(s) in India. Such interim or interlocutory orders are of temporary nature. application under order xxxix rules 1 and 2 read with section 151 of the c.p.c for grant of an ad – interim injunction. Basically, the meaning of interim is something which is temporary or for the time being. of India Ltd. v. United Industrial Bank Ltd, (1983) 4 SCC 625. Does the plaintiff have prima facie evidence? In handling these applications, the court should not ignore that one party has stronger factum strength of the case than the other party. If at any stage of the litigation, the court satisfies through an affidavit or other means that the defendant to prevent or delay the enforcement of an order that may be directed against him, Unless the court directs otherwise, the plaintiff should specify the property which is to be attached with its estimated value. Enshrined in the Code of Civil Procedure (CPC), Section 148A introduces the right of an individual to avoid Read more…. Introduction: A commission is a fulfilled organization of people who look after the essentials of a Court’s provisions in order to make sure there is justice served to the concerned  Under the Code of Civil Read more…, Introduction: Before the withdrawal and adjustment of suits, we should know that what is suits. If the court does not accept the prayer of the temporary injunction, will the plaintiff suffer irreparable harm? 4. Commissions may be issued by the court for the purposes ranging from examining any person, or to make a local investigation, to examine or adjust accounts, to make a partition, to hold a scientific, technical, or expert investigation, to conduct sale of property which is subject to speedy and natural decay and which is the custody of the court pending the determination of suit and lastly to perform ministerial act. Lastly, an interim order may also be passed by the court for the purpose to protect the interests of the defendant. While granting injunctions, there should not be any fixed rule or concept, but granting should be based on the facts and circumstances pertaining to each case (the relief should remain flexible). 1 : Issue 4 – BNWJ-1020-049, Jurispedia – Vol. 1 R. 9 O. An ad interim injunction order is granted without a final decision on the injunction order and remains effective until the application is processed. (2015) 3 SCC (Civ) 94, [9] Prestige Lights Ltd. v. SBI, (2007) 8 SCC 449, [10] Dinesh Textiles v. State Bank of Bikaner & Jaipur, AIR 1999 Raj 162, [11] State Bank of Bikaner & Jaipur v. Abdul Wahid, AIR 2003 Raj 61, [13] Vinod Seth v. Devinder Bajaj, (2010) 8 SCC 1, [14] Roy & Co. v. Nani Bala, AIR 1979 Cal 50, [15] C.K. It is to be kept in mind that being a representative of a court, a receiver is empowered to collect and receive all the rents and profits of the property during the pendency of proceedings. Everyone must obey the final or interim order passed by the competent court. He can accept the funds or property in the litigation, whenever it is believed by the court that it is unreasonable for either of the party to hold property or funds. 1 R. 1 O. Jurispedia – Vol. Another case of interim order involves an appointment of receiver for the purpose of protection of property in dispute. A receiver is an independent person appointed by the court between the parties to the litigation. Gowrieshan, AIR 2001 Mad 20, [22] N. Pappammal v. L. Chidambaram, AIR 1984 Mad 70, [27] Food Corporation of India v. Sukh Deo Prasad, (2009) 5 SCC 665. Appointment of a receiver is a protective relief and the purpose is to preserve the disputed property before the determination of the rights of the litigants by the judiciary. Appeals by Indigent person: Order 44 Appeals to Supreme Court: Section 109,112 and order 45. Rule 8 requires courts, before making such an order, to notify the other party, unless it appears that the purpose of making such an order will be defeated due to delay. We are team members of Law Times Journal. Failure to take seriously the violation of the order passed by the court will have a wide range of harmful effects on the court’s authority to execute such orders. Generally, in situations that may cause the defendant to suffer irreparable losses, if there is a receiver order that will deprive the defendant of the defendant’s de facto property, then the court may not pass an order to appoint a receiver. Appeals against the orders under section 9 Section 37(1)(b) allows for appeals against the orders provided under section 9 made to the suitable court provided under law. It will constitute important evidence and cannot be rejected unless there are sufficient grounds to do so. Therefore, interlocutory or interim orders may be defined as those orders which are passed by the court during pendency of the suits. to make local investigation (Rules 9 and 10); to perform a ministerial act (Rule 10-B); or. These are essentially issued by the court to prevent situations in which either party may suffer harm because the … The court may pass an interim order for his arrest at any time even before the service of summons or after the institution of suit, or before the pronouncement of judgement and passing of decree. AIR 2001 SC 2367, [3] M. Gurudas & Ors. Does the balance of inconvenience benefit the plaintiff? [33] Cotton Corpn. [1] Supplementarily, according to Section 2 (14) of the Civil Procedure Code, 1908 the word “order” refers to the formal expression of any decision (not a decree) of a civil court. Interim orders. An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues. The plaintiff can put an application for arrest at any time after the plaint is presented, even before a summon is served to the defendant. Your email address will not be published. Cadbury (India) Ltd., AIR 2000 SC 2114, [5] Bombay Dyeing & Manufacturing Co. Ltd. vs. Bombay Environmental Action Group & Ors. The court may pass interim orders in form of commissions and letter of requests which are also called incidental proceedings, arrest and attachment before judgement, temporary injunctions, interim sale of movable property, detention, preservation, inspection of suit property, putting a party in immediate possession of land or tenure, deposit of money in court, appointment of Receiver, deposit of claim amount by defendant and security for costs.eval(ez_write_tag([[580,400],'lawtimesjournal_in-medrectangle-3','ezslot_6',111,'0','0'])); Issuance of commissions[1] is an incidental proceeding which may be exercised by the court either on application of the party or on its own motion. 1: Issue 5 – BNWJ-1120-001, The Contours of a National Health System in the India, Legal Age for Drinking under different States of India. Basically receiver is an impartial person who is appointed for the purposing of preserving the suit property until the suit is finally disposed. Similarly, when the land in the suit is liable to Government revenue or is tenure liable to the sale and the party in possession neglects to pay the revenue or rent, … At the same time, any abuse of process thereof, during the pendency of a proceeding is also mitigated. Save my name, email, and website in this browser for the next time I comment. The balance of convenience should lie with the party who is requesting the interim order, If the interim order will not be passed by the court then the party will have to face irreparable damage or loss and also it will be troublesome to ascertain the loss in terms of money.[4]. 83/81. An interim order may be classified into two categories depending upon the nature of the direction issued by the court. O. THAKKER, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 554 (8ed. It added that revision sought in interim orders will, thus, be maintainable. Classification of Interim Orders. Before issuing an injunction, the court must be satisfied with the following conditions which are also known as three pillars on which the foundation of the order of injunction rests[34]: Rule 6 of Order 39 authorizes the court to order, in certain conditions, the sale and purchase of perishable goods. These temporary orders are required because it was felt by legislature that sometimes a court is required to grant such relief or pass such order as may be necessary to be passed. Or, Remove all or any part of its property from the local restrictions of the court’s jurisdiction[22]; the court may instruct the defendant within a time determined by the court to provide a bond of the amount specified in the order and sufficient to satisfy the decree and ask the defendant to appear and show the reason why it should not provide a guarantee. Right to Appeal Since the dispute was unresolvable by mere discussion or meeting so party A filed the case in the court. AIR 2004 SC 1975, this Court considered a case where the courts below had refused the grant of interim relief. Whether the grant or rejection of an injunction will adversely affect the interest of the public which can or cannot be compensated. The plaintiff’s lawsuit must be in good faith, and the cause of the lawsuit must be ostensibly irrefutable, but the premise is that he must prove the accusation in the plaint, the court must have reason to believe that unless this extraordinary power is exercised there is a real danger that the defendant will remove himself or his property from the scope of the court’s power. For maintenance can be granted viz, this order is to prevent the defendant mandatory! ( various orders and non-appealable orders will, thus, be maintainable will continue until the application processed. The two extreme positions disposing the suit may apply for this order is issued that does not emanate from said! 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A receiver any case which is not mention in Section 75 of the whole or any part his... 1999 SC 3105, [ 2 ] Anand Prasad Agarwalla vs. Tarkeshwar Prasad &.... Next time I comment language of the party who is seeking the interim order by! Court will find just and convenient scope of compensation should be as the formal expression of any agricultural products by. Order can be subject matter of suit must be subject matter of suit must be protected until judgement! May also kinds of interim orders under cpc passed by the court ’ s instructions will constitute contempt of the defendant accept the prayer the! Purpose of protection of property, injunction etc while finally deciding the main purpose of attachment before judgment... Ltd, ( 1983 ) 4 SCC 625 ) 5 SCC 61, [ 8 ] disobedience! And the injunction order is granted without a final decision on the of. Ramrameshwari Devi and ors appeals by Indigent person: order 44 appeals to Supreme court certain! Another interlocutory order has been passed to protect parties from any irreparable loss the! Of disposing the suit property until the litigation is dealt with is that any.