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Supreme Court of India

U. Sudheera & Others v. C. Yashoda & Others

Neutral citation
Reported as [2025] 2 S.C.R. 92
Bench J.B. Pardiwala and R. Mahadevan JJ.
Decided 16 January 2025

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that the High Court could not have passed the interim order without satisfying itself of the existence of a substantial question of law, as mandated under Section 100 CPC.

Judgment, page 17

From the headnote

Issue for Consideration Whether the High Court can pass any ad interim order for a limited period, before framing substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Section 100 CPC. Headnotes† Code of Civil Procedure, 1908 – s.100 – Second appeal – In second appeal, High Court granted the interim relief directing the parties to maintain status quo, without formulating substantial questions of law as mandated u/s.100 – Challenge to: Held: Interim order passed by the High Court set aside – High Court cannot grant an interim order, without framing

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