RAGHAVENDRA SWAMY MUTT versus UTTARADI MUTT
[2016] 3 S.C.R. 11, Supreme Court of India, 2016
Outcome: Unknown
Segment: Facts
[2016] 3 S.C.R. 11 
RAGHAVENDRA SWAMY MUTT 
v. 
UTTARADI MUTT 
(Civil Appeal No.3190of2016) 
MARCH 30, 2016 
(DIPAK MISRA AND SHIVA KIRTI SINGH, JJ.] 
Code of Civil Procedure, 1908 - ss. 100, 96; Or. XL!, r 5(3), 
Or. XLJ!, r 1, 2 - Second appeal - Formulation of substantial 
question of law - On facts, the High Court not admitting second 
appeal as no substantial question of law formulated and vacated 
the interi111 order passed in IA - Whether the High Court could 
entertain IA seeking interim relief - Held: High Court cannot ad111it 
a second appeal without examining whether it raises any substantial 
question of law for admission and thereafte1; it is obliged to for111ulate 
the substantial question of law - Solely because the Court has the 
iurisdiction to pass an ex parte order, it does not e111power it not to 
formulate the substantial question of law for the purpose of 
admission, defer the date of admission and pass an order of stay or 
grant an interim relief - It is not the sche111e of CPC after its 
amendment in 1976 - Thus, the High Court rectified its mistake by 
vacating the order passed in IA and was the correct approach 
adopted by the High Court. 
Dismissing the appeal, the Court 
HELD: 1.1 In the instant ease, the High Court has not yet 
admitted the matter. It is not in dispute that no substantial question 
of law has been formulated as it could not have been when the 
appeal has not been admitted. As appeal under Section 100 CPC 
is required to be
admitted only on substantial question/questions 
of law. It cannot be formal admission like an appeal under Section 
96 CPC. That is the fundamental imperative. It is peremptory in 
character, and that makes the principle absolutely cardinal. [Para 
18) [19-D) 
1.2 For passing an ex parte order, the Court has to keep in 
mind the postulates provided under sub-rule (3) of Rule 5 of Order 
XLI. The Court is obligated to keep in view the language 
employed under Section 100 CPC. It is because formulation of 
substantial question of law enables the High Court to entertain 
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[2016] 3 S.C.R. 
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an appeal and thereafter proeeed to pass an order. The Court 
has the jurisdiction to pass an interim order subject to the language 
employed in Order XLI. Rule si3). It is clear that the High Court 
cannot admit a second appeal without examining whether it raises 
any substa'ntial question of law· for admission and thereafter, it is 
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obliged to .formulate the substantial question oflaw. Solely because 
. . the Court has the jurisdiction to pass an ex parte order, it does 
... .µot .empower it 11ot.to formulate the substantial question of law 
~' : for tli~ ptjrp_ti~e· of· a~mission, defe'r the date of admission and 
.... pass 1,m 9rd~~ .. ()(~t~y :or.grn11Umi.11,terim relief. That is not the 
,'.".sch~irie. 6f CP.Caff~r 'its aiherl'd.i:Ileritin 1976 and that is not the 
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·tenor of precedents of this Court'and it has been clearly so stated 
in Ram Plia/ case •. Therefore, the High Court has rectified its 
. mistake by vacating the ·order passed in IA and it is the correct 
approach adopted by the High Court. Thus, the impugned order 
is absolutely impregnable. [Para 23) [21-G-H; 22-A-C] 
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1.3 The iiigh Court is requested to take up the second appeal 
for admission and, if it finds that there is a substantial question of 
law involved, proceed accordingly and ·deal with IA as required 
in law. The interim order passed by this Court on earlier occasion 
should not be construed as an expression of any opinion
from 
any count. It was a pure and simple ml interim arrangement. [Para 
24) [22-D-E) 
A. Venkatasubbiah Naidu v. S. Chellappan & Others 
AIR 2000 SC 3032 : 2000 (3) Suppl. SCR 303; Ram 
Phal v. Banarasi & Ors. (2003) 11 SCC 762; !shwar 
Dass Jain v. Sohan Lal 1999 (5) Suppl. SCR 24 : (2000) 
1 SCC 434; Roop Sinf;{h v. Ram Sinf;{h 2000 (2) SCR 
605 : (2000) 3 SCC 708; Municipal Committee, 
Hoshiarpur v. Punjab SEE & Others 2010 (13) SCR 
658 : (2010) 13 SCC 216; Umerkhan v. Bismillabi alias 
Babula! Shaikh and Others 2011 (9) SCR 551 : (2011) 
9 sec 684 - referred to. 
Case Law Reference 
2000 (3) Suppl. SCR 303 
(2003) 11 sec 762 
1999 (5) Suppl. SCR 24 
20QQ (2) SCR 605 
referred to 
referred to 
referred to 
referred to 
Para 6 
Para 11 
Para 14 
Para 15
- . . : ' 
RAGHAVENDRA SWAMY MUTT v .. UTTARADI MUTT 
13 
2010 (13) SCR 658 
21)11 (9) SCR 551 
" 
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rt'ferred to 
referred ~o 
Para 16 
Para i7 
>I.' l 
,. ; 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3190 of 
2016. 
From the Judgment and Order dated 11.02.2016 of the High Court 
of Karnataka at Dharwad Bench in I. A. No. 1 of2016 in R. S. A. No. 
I 00446of2015. 
R. Venkataramani, Sr. Adv., A. Radhakrishnan, Aljo K. Joseph, 
Advs. for the Appellant. 
Gaurav Agrawal, Adv. for the Respondent. 
The Judgment of the Court was delivered by 
DIP AK MISRA, J. I. The present appeal, by special leave, assails 
the order dated 11.02.2016 passed by the learned Single Judge of the 
High Court of Karnataka at Dharwad in I.A. No. I of 2016 in RSA 
No. I 00446 of 2015 whereby he has vacated the interim order dated 
16.12.2015 passed in I.A. No.I of2015. 
2. The facts for the purpose of adjudication of the present appeal 
need to be stated in brief. The respondent, Uttaradi Mutt, filed 0.S. 
No.19311992 in the Court of Civil Judge, Koppa! but in due course the 
said suit was transferred to the Court of Additional Civil Judge, Gangavati 
and was registered as O.S. No. 74/2010. The suit was filed by the plaintiff-
respondent for the relief(s) for perpetual injunction for restraining the 
. defendant-Mutt, its agents, servants, devotees1 etc., from entering upon 
the suit schedule property or interfering with its possession and enjoyment 
of the suit property and/or interfering or
disturbing with the performance 
of annual "Aradhana" of His Holiness Sri Padmanabha Teertharu, Sri 
Kavindra Teertharu and Sri Vageesha Teertharu. The suit preferred by 
the plaintiff was dismissed. 
3. The judgment and decree passed in the suit was assailed before 
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the Principal Civil Judge, Senior Division, Gangavati and eventually by 
virtue of the order pass!!d by this Court in Special Leave Petition (Civil) . G 
No. 20346of2014, it stood transferred to the Court of Civil Judge, Senior 
Division, Dharwad and numbered as R.A. No.123/2014. The first 
appellate Court allowed the appeal in part. The appellate Court restrained 
the present appellant from interfering with the plaintiff/respondent Mutt's 
possession and enjoyment of suit property subject to the right of the 
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[2016] 3 S.C.R. 
defendant Mutt to perform Adradhanas and Poojas of the Vrindavanas 
at Navavrindavanagatti. 
4.After the appeal was disposed of, the respondent filed execution 
petition, E.P. No.122/2015 before the Principal Civil Judge, Junior Division, 
Gangavati. The executing court passed certain orders on I 0.12.2015. 
Jn the meantime, the appellant, being grieved by the order in the Regular 
Appeal, had preferred RSA No.100446/2015. As the order passed by 
the executing court affected certain rights of the appellant, it filed IA 
No. l of2015 seeking temporary injunction against the respondent. Be it 
stated, the respondent had filed a caveat which was defective but it was 
allowed to represent through the counsel when the IA No. I of2015 was 
argued. As is discernible from the narration of facts, the executing court 
had directed the Deputy Superintendent of Police, Gangavati to give 
police protection to the decree-holder for possession and enjoyment of 
the suit scheduled property and preventing the judgment-debtor from 
trespassing into the suit property violating the decree in RA No.123/ 
2014. 
5. When the matter stood thus, IA No. I of 2015 was taken up by 
the High Court. The learned Single Judge, while considering the 
interlocutory application for injunction, passed the following order:-
"List this matter on 20.01.2016 for filing of objections to I.A. I/ 
2015 and 2/15. In the meanwhile, registry to secure the LCR
from both the courts below. The same should reach this cowi on 
or before 16.01.2016. However, it is made clear that the appellant, 
who is defendant in O.S., and respondent who is plaintiff in the 
O.S., shall have their right to perform pooja on regular basis without 
staking claim with respect to disputed land, which shall be subject 
to out come of this appeal." 
6. As is manifest, the respondent filed objections to I.A. No. I/ 
2015 and also filed I.A. No.1/2016 for vacation of the interim order. 
I.A. No.1/2016 was taken up by the learned Single Judge who referred 
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to Order XXXIX Rule 3-A of the Code of Civil Procedure (CPC), the 
authority in A. Venkatasubbiall Naidu v. S. Cllel/appan & otllers1, 
noted the contentions advanced by the learned counsel for the parties, 
adverted to the litigations that had been taken recourse to by both sides, 
acquainted itself with the earlier order passed by the High Court and 
H 
I AIR 2000 SC 3032
RAGHAVENDRA SWAMY MUTT v. UTTARADI MUTT 
[DIPAK MISRA, J.] 
came to hold thus :-
"On a reading of the aforesaid order it becomes clear that the 
interim application filed by the appellant along with the appeal 
before this Court had to be considered independently and on its 
own merits. But, in the instant case what has happened is that 
this Court, without issuing notice to the respondent in the second 
appeal has granted an interim order which is to be in operation till 
the end of the appeal. It is not known as to whether the appellant 
had satisfied the Court on any substantial question of law that 
would arise in the matter as the matter was listed for admission." 
7. After so stating, the High Court opined that the principle ~tated 
in Order XXXIX Rule 3 had not been followed, notice to the respondent 
had not been issued although permission was granted to the counsel to 
raise objections and further delved into the distinction between an appeal 
under Section 100 CPC and the regular first appeal, and in the ultimate 
eventuate, concluded thus:-
"If notice to respondent was to be dispensed with prior to grant of 
an ad interim order till the conclusion of the second appeal then 
reasons for doing so had to be recorded. But the interim order 
which is sought to be vacated is bereft of any reason. I am of the 
view that on this short ground alone order dated 16.12.2015 has 
to be vacated as there are procedural irregularities in the grant of 
the ad interim order.
Secondly, it is also not known at this point of 
time as to whether, the order passed by this Court in M.F.A. 
no.21690/2012 was brought to the notice of this Court by the 
appellant or not before the interim order was passed. 
In view of the above, the application I.A. no.1/2016 for vacating 
interim order dated 16.12.2015 is allowed. Order dated 16.12.2015 
stands vacated. The appellant to seek any date for admission of 
the matter and after hearing learned counsel for the appellant on 
admission of the appeal, this Court to consider I.A. no.1/2015 
afresh. All contentions on both sides on I.A. No. I /2015 are kept 
open." 
8. When the matter was taken up on 18.03.2016, this Court, after 
hearing the learned counsel for the parties, had passed the following 
order:-
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"Having heard learned counsel for the parties, as an interim 
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[2016] 3 S.C.R. 
measure, it is directed that the petitioner, Sri Raghavendra Swamy 
Mutt, is permitted to do 'aradhana' from .24'h to 26'" March, 2016 
and not a day prior to that or beyond that. Needless to say; no 
equity shall be claimed by the petitioner on the basis of this order. 
That apart, the present arrangement shall be restricted to this 
occasion only." 
· 
9. We had, at that time, blissfully perceived being under the 
in::ipression that '"Aradhaila" is a yearly even.t, that request to the High 
. court to dispose of the second appeal could sub-ser¥e the cause or 
justicej but the learned counsel for the parties apprised us that it is a 
. monthly affair. Ergo, we have heard Dr. Raj iv Dhawan and Mr. R. 
C · Venkataramani, learned.senior counsel for the appellant and Mr. Fali S. 
Nari man, learned senior counsel for the respondent. 
10. It is submitted by Dr. Dhawan and Mr. Venkataramani, learned 
· senior counsel, that.the High Court was not justified in vacating the 
order of stay on the grounds it h~s:done, for the principle of Order X:XXIX 
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Rule 3-A is no~ applicable when the appelfanfhad prayed for stay and 
passing of interim or,;!ers, It is prged by them that the respondent had 
entered caveat whi~h was defective in nature but it had participated in 
the hearing and, therefore, the interim order could not be regarded as an 
ex parle order. Learned senior counsel appearing for the appellant would 
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further submit that
when the judgment and decree'passed in the regufar 
appeahs demonsfnibly unsustainable, the High Court should have 
mairitained the .order of stay and finally disposed of I.A. No.1/2015 and 
._ . shooldnot have entertained I.A. No.1/2016 seeking vacation of the order 
··· ~f~~y. It.has been.highlighted that the language employed in Section 
· · 100.CPC though stipulates that appeaHs to be entertained on substantial · 
F ' . question of law involved in the case, it does not bar the High Court to 
pass ari ad interini'order in a grave sittiation.and that is the basic purport· 
of Order .XLI Jlul~ 5 ~nd Order XL!! CPC. 
· 
· 
· · 
. I I.Combating the aforesaid submi.ssions, it is l!rged by Mr. Nari man., 
. ·. !~a~1ed senior couns~l appearin~ for th~ respondent tl)at the interim order 
G .. ~pas~ed· o,Y the.HighCourt i1i°r'.A. No.1/2015 from all angles is an ex 
·. parte:ord~r, for adjournment was sought on behalf of respondent to 
argue the matter but the same; was declrned. Learned senior·counsel 
would proponethat passing an order·of stay cir issi1ing an order ofinjunCtion · 
·in a second appeal is quite different than an interiin order passed in a 
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regular first appeal preferred under Section 96 CPC. ft is canvassed by
RAGHAVENDRA SWAMY MUTT v. UTTARADI MUTT 
[DIPAK MISRA, J.] 
him that formulation of substantial question of law by the Court under 
Section 100 CPC is an imperative to proceed with the appeal and the 
Court cannot proceed unless the condition precedent is satisfied and in 
such a situation, the question of passing any interim order or granting 
any interim relief does not arise. Mr. Nariman has drawn support from 
a two-Judge Bench d~Cision in R"m Pim/ v. Ban"rasi & Ors.' .. 
12. To appreciate the controversy, it is seemly to refer to Section 
I 00 CPC. It reads as follows:-
"Section 100. Second appeal.-
( 1) Save as otherwise expressly provided in the body of this Code 
or by any;other.liiw.forthe time being in force, an appeal shall lie 
to the High Court from every decree passed in appeal by any 
Court subordinate to the High Court, ifthe High Court is satisfied 
that the case involves a substantial question of law. 
(2) An appeal may lie under this section from an appellate decree 
passed ex-parte. 
(3) In an appeal under this section, the memorandum of appeal 
shall precisely state the substantial question oflaw involved in the 
appeal. 
(4) Where the High Co.l)rt is satisfied that a substantial question 
oflaw is involved in, any case, it shall f9rmulate that question. 
(5) The appeal shall be heard on the question so formulated and 
the respondent shall, at the hearing of the appeal, be allowed to 
argue that the case does not involve such question : 
Provided that
nothing in this sub-section shall be deemed to take 
away or abridge the power of the Court to hear, for reasons to be 
recorded, the appeal on any other-substantial question of law, not 
· formulated by it, if it is satisfied that the case involves such 
question." 
13. Section 10 l CPC reads as under:- · 
"Si:cti0:n 101. Second appea~ on no other grounds.-,-No 
' ... second appeal shall lie except on the grohnd mentioned in section 
100." 
·., .. 1. :i,; 
· •.•. ·, 
2 (2003J 11 sec 762. 
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14. A plain reading of Section 100 CPC makes it explicit that the 
High Court can entertain a second appeal if it is satisfied that the appeal 
involves a substantial question of law. More than a decade and a half 
back, in ls/1War Dass Jain v. Solum LaP it has been ruled that after the 
1976 Amendment, it is essential for the High Court to formulate a 
substantial question of law and it is not permissible to reverse the judgment 
of the first appellate cou1i without doing so. 
15. In Rogp Sinxh v. Ram Sinxh" the Comi had to say thus:-
"lt is to be reiterated that under Section 100 CPC jurisdiction of 
the High Court to entertain a second appeal is confined only to 
such appeals which involve a substantial question of law and it 
does not confer any jurisdiction on the High Court to interfere 
with pure questions of fact while exercising its jurisdiction under 
Section 100 CPC." 
16. In Municipal Committee, Hoshiarpur v. Punjab SEB & 
Otllers5 it has been categorically laid down that the existence of a 
substantial question of law is a condition precedent for entertaining the 
second appeal and on failure to do so, the judgment rendered by the 
High Court is unsustainable. It has been clearly stated that existence of 
a substantial question of law is the sine qua 11011 for the exercise of 
jurisdiction under the provisions of Section l 00 CPC. 
17. In Umerklum v. Bismil/abi alias Babula/ Shaikh mu/ others6 
a
two-Judge Bench was constrained to ingeminate the legal position 
thus:-
"In our view, the very jurisdiction of the High Court in hearing a 
second appeal is founded on the formulation of a substantial 
question of law. The judgment of the High Court is rendered 
patently illegal, ifa second appeal is heard and judgment and decree 
appealed against is reversed without formulating a substantial 
question oflaw. The second appellate jurisdiction of the High Court 
under Section 100 is not akin to the appellate jurisdiction under 
Section 96 of the Code; it is restricted to such substantial question 
or questions of law that may arise from the judgment and decree 
----
3(2000) 1sec434 
• (2000) 3 sec 708 
'(2010) 13 sec 216 
• (2011) 9 sec 684
RAGHAVENDRA SWAMY MUTT v. UTTARADI MUTT 
[DIPAK MISRA, J.] 
appealed against. As a matter of law, a second appeal is 
entertainable by the High Court only upon its satisfaction that a 
substantial question of law is involved in the matter and its 
formulation thereof. Section I 00 of the Code provides that the 
second appeal shall be heard on the question so formulated. It is, 
however, open to the High Court to reframe substantial question 
of law or frame substantial question of law afresh or hold that no 
substantial question of law is involved at the time of hearing the 
second appeal but reversal of the judgment and decree passed in 
appeal by a court subordinate to it in exercise of jurisdiction under 
Section 100 of the Code is impermissible without formulating 
substantial question of law and a decision on such question." 
18. In the instant case, the High Court has not yet admitted the 
matter. It is not in dispute that no substantial question of law has been 
formulated as it could not have been when the appeal has not been 
admitted. We say so, as appeal under Section 100 CPC is required to be 
admitted only on substantial question/questions of law. It cannot be formal 
admission like an appeal under Section 96 CPC. That is the fundamental 
imperative. It is peremptory in character, and that makes the principle 
absolutely cardinal. The issue that arises for consideration is; whether 
the High Court without admitting the second appeal could have entertained 
IA
No. 1/2015 which was tiled seeking interim relief. In Ram Plwl 
(supra), from which Mr. Nariman, learned senior counsel has drawn 
immense inspiration, the two-Judge Bench was dealing with a case where 
the High Court had granted an interim order by staying the execution of 
the decree but had not framed the substantial question of law. In that 
context, the Court held:-
" ... However, the High Court granted interim order by staying 
the execution of the decree. It is against the said order granting 
interim relief the respondent in the second appeal has preferred 
this appeal. This Court, on a number of occasions, has repeatedly 
held that the High Court acquires jurisdiction to decide the second 
appeal or deal with the second appeal on merits only when it 
frames a substantial question of law as required to be framed 
under Section 100 of the Civil Procedure Code. In the present 
case, what we find is that the High Comt granted interim order 
and thereafter fixed the matter for framing of question of law on 
a subsequent date. This was not the way to deal with the matter 
as contemplated under Section 100 CPC. The High Court is 
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[2016] 3 S.C.R . 
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required to frame the question of law first and thereafter deal 
with the matter. Since the High Court dealt With the matter contrary 
to the mandate ensh1:ined under Section 100 CPC, the impugned 
order deserves to be set aside." 
19. To meetthe reasoning in the aforequoted passage, Dr. Dhawan 
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and Mr. Venkatarama11i with resoJute perseverance submitted that the. 
decision in Ram Plwl (supra) is distinguishable as it does not take note 
of Order XL! Rule 5 and Order XLII Rule 1 CPC. · 
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20. Order XL! Rule 5 reads as follows:-
·. 
"5. Stay by appellate court.-( 1) An appeal shall not operate as 
a stay of proceedings under a decree or order appealed from 
. except so far as the appellate court may order, nor shall execution 
of a decree be stayed by reason only of an appeal having been 
preferred from the decree; but the appellate court may for sufficient 
cause order stay of execution of sue~ decree. 
Explanation : An order by the Appellate Court for the stay of 
execution of the decree shall be effective from the date of the 
communication of such order to the court of first fostance, but an 
affidavit sworn by the appel !ant, based on his personal knowledge, 
stating that an order for the stay of execution of tlie decree has 
been made by the Appellate Court shall, pending the receipt from 
d1e f\ppella.te Court. of the order for the stay of execution or any 
' order to the contrary, be
acted·upon by the court of first instanc.e. 
(2)S't(ly by ~our( w/1h;li p,asse.d the decree.~Where an 
application is made for stay of execution of an appeal able decree 
before the expiration of the.time allowed for appealing therefrom, 
the court•which passed the decree may on.sufficient cause being 
shown order the execution to be stayed. 
(3) No order for stay of execution shall be made under sub-rule 
( 1) or sub-rule (2) unless the court making it is satisfied-
. 
' 
' 
, 
(a) that substantial loss may i"esult to the party applying for stay 
of execution unless the order is m·ade; 
· (b) that the application has been made without unreasonable delay; 
and 
(c) that security has been given by.the·applicant .for the due 
·.· ..
RAGHAVENDRA SWAMY MUTT v. UTTARADI MUTT 
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[DIPAK MISRA, J.] 
performance of such decree or .order as may ultimately be binding 
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upon him. 
(4) Subject to the provisions of sub-rule (3), the court may make 
an ex parte order for stay of execution pending the hearing of the 
application. 
(5) Notwithstanding anything contained in the· foregoing sub-rules, 
where the appellant fails to make the deposit or furnish the security 
specified in sub-rule (3) of Rule I, the court shall not make an 
. order staying the execution of the deeree.,, 
21. Order XLII Rule I that occurs under the Heading "Appeals 
From Appellate Decrees" is as follows:-
"1. Procedure.- The rules of Order XLI shall apply, so far as 
may be, to appeals from appellate decrees. 
22. In this context, it is useful to refer to Order XLII Rule 2 which 
has been inserted .PY Act 104of1976 with effect from 01.02.1977. It 
provides as under:-. 
"2. Power of court to direct that the appeal be heard on the 
question formulated by it.-. At the time of making an order 
under rule. 11 of Order XLI for the hearing of a second appeal, 
the court shall formulate the substantial question oflaw as required 
by section I 00, and in doing so, the court may direct that the 
· second appeal be heard.on the question so formulated and it shall 
not be open to the appellant to urge any other ground in the appeal 
without the leave of the court, given in accordance with the 
provision of section I 00." 
. 
. 
23. Submission of the
learned senior counsel for the appellant is 
that Order XLI Rule 5 confers jurisdiction on the High Court while dealing 
with an appeal under Section 100 CPC to pass an ex parte order and 
such an order can be passed deferring formulation of question of law in 
grave situations. Be it stated, for passing an ex parte order the Court 
has to keep in mind the postulates provided under sub-rule (3) of Rule 5 
of Order .XLI. It has to be made clear that the Court for the purpose of 
passing an ex parte order is obligated to keep in view the language 
employed under Section 100 CPC. It is because formulation of substantial 
question of law enables the High Court to entertain an appeal and 
thereafter proceed to pass an order and at that juncture, needless to say, 
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the Court has the jurisdiction to pass an interim order subject to the 
language employed in Order XL! Rule 5(3). It is clear as day that the 
High Court cannot admit a second appeal without examining whether it 
raises any substantial question of law for admission and thereafter, it is 
obliged to formulate the substantial question of law. Solely because the 
Court has the jurisdiction to pass an ex parle order, it does not empower 
it not to formulate the substantial question of law for the purpose of 
admission, defer the date of admission and pass an order of stay or grant 
an interim relief. That is not the scheme ofCPC after its amendment in 
1976 and that is not the tenor of precedents of this Court and it has been 
clearly so stated in Ram Plwl (supra). Therefore, the High Court has 
rectified its mistake by vacating the order passed in IA No. I /2015 and 
it is the correct approach adopted by the High Court. Thus, the impugned 
order is absolutely impregnable. 
24. Having so concluded, we would have proceeded to record 
dismissal of the appeal. But in the obtaining facts and circumstances, 
we request the High Court to take up the second appeal for admission 
and, if it finds that there is a substantial question of law involved, proceed 
accordingly and deal with IA No. I /2015 as required in law. Needless to 
say, the interim order passed by this Court on earlier occasion should not 
be construed as an
expression of any opinion from any count. It was a 
pure and sirr.iple ad interim arrangement. 
25. Resultantly, the appeal, being sans substance, stands dismissed 
with no order as to costs. 
Nidhi Jain 
Appeal dismissed.