Interlocutory Order: Appellant filed a Writ petition before the High Court and prayed for grant of interim stay during pendency of Writ petition in relation to the subject mater of the land in question – High Court rejected the application for stay observing that since the required land is lying vacant, there is no reason to grant any stay – On appeal, held: High Court did not give adequate reason for not granting stay and the reason given was not in itself justified reason – Matter remitted to High Court to decide the ad interim prayer afresh.
Allowing the appeal and remitting the matter to High Court, the Court
HELD: The Court is required to support justifiable reason(s) to either grant or reject keeping in view the facts and the law applicable to the controversy involved. It was not so found in the impugned order and, therefore, the order of remand is called for to decide the matter afresh in accordance with law. [Para 9] [935-G-H; 936-A]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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