Revision Not Maintainable Against Interlocutory Order Passed In Interim Injunction Application: Allahabad High Court

The Allahabad High Court has held that a revision is not maintainable against an interlocutory order passed in an interim injunction application. It held that the same could be challenged in writ jurisdiction.

In 1985, the deceased executed a will in favour of Respondent No. 5. Thereafter, a second and third will were executed in favour of Respondent No. 4 and the petitioner, respectively. Following the death of the testator, Respondent No. 5 got his name mutated in the revenue by concealing the will executed in favour of the petitioner.

In return, the petitioner filed a declaratory suit under the U.P. Zamindari Abolition and Land Reforms Act, along with an application for interim. The Sub-divisional officer passed an interim order holding that the land would not be transferred and status quo would be maintained.

However, the Respondent filed a revision under S. 333 of the Act against the interlocutory order passed by the Sub-divisional Officer before the Additional Commissioner. The revision was entertained and the aforementioned order was stayed.

The Court perused the record and held that a revision could not be preferred against an interlocutory order. It further held that there was no reason in the order passed by the revisional court.

“… it is apparent that against an interlocutory order passed in an interim injunction application, revision is not maintainable, therefore, the order appears to be per se illegal and is liable to be set aside,” held Justice Irshad Ali.

Holding that a writ petition was maintainable against such order, the Court held that impugned order was unreasoned and therefore, quashed.

Case Title: Sadhu Saran Chaubey v. Addl. Commissioner Devi Patan Mandal And 4 Ors [WRIT - C No. - 1003822 of 2002]

Click Here To Read/Download Order