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B. Muthukrishnan (Dead) by L.Rs. v. S.T. Reddiar Educational & Charitable Trust & Ors.

Civil Appeal · 2018 INSC 189Decided 23 Feb 2018
Civil Appeal No. 5813 of 2009
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The appellants (plaintiffs who had succeeded in a trial-court suit, O.S. No.1 of 2003, directing the framing of a scheme for trust properties including a temple) challenged an interim order of the Kerala High Court, passed in a pending Regular First Appeal filed by the defendants, which modified an earlier stay by vacating it specifically to allow interim arrangements for reviving temple poojas/rituals that had stopped, while keeping the stay on other properties. The appellants sought reconsideration of that interim order before the High Court, which was dismissed, leading to this appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the orders under challenge were purely interim in nature, passed in a first appeal that was itself still pending final disposal before the High Court, and declined to interfere with their legality. The Court observed it would serve everyone's interest for the first appeal itself to be finally disposed of on merits, and accordingly requested the High Court to expeditiously decide the appeal, preferably within six months. It left it open to the parties to approach the High Court for any further modification of the interim arrangements. With these observations, the appeals challenging the interim order were dismissed.

Lesson Learnt

The Supreme Court will ordinarily not interfere with a High Court's interim/stay arrangements in a pending appeal, and will instead direct the High Court to expedite final disposal of the underlying appeal on merits.

Official source (sci.gov.in)View Judgment (PDF)

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