Oct 26, 2017
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Interlocutory application

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What is INTERLOCUTORY APPLICATION?

Interlocutory application:

The Civil Rules of Practice and Circular Orders, Chapter I – Preliminary –
Rule 2 (J) defines: “Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order.
Chapter V: deals with (A) Interlocutory proceedings – Rule 53 to 55, 58 and 59 of Civil Rules of Practice further deals with the form, contents, separate application for each distinct prayer and service of notice to other parties. Every interlocutory application supports a affidavit and the true copies of all applications, affidavit and the same documents get furnished to the opposite party or counsel.

In simple words ”an interlocutory application – an application, put or moved in the original (main) petition. It is usually filed when one asks for some urgent relief or to bring notable new facts to the knowledge of the court.

An Interlocutory Petition emerges with a perspective to keep the closures of equity from being crushed when the Original Petition can’t address the prompt circumstances. Interlocutory Applications is a support to the principle appeal for an interlocutory relief amid pendency of the original Petition.

Further, courts may likewise issue interlocutory requests where a property is sold or relinquished and give an interlocutory order, keeping the exchange of property until it has settled on an ultimate or final decision. In the case law below an eg.:

Temporary Injunctions between Co-sharers of Property: Where one of the coparcener attempts to waste the property by committing a wrongful act or makes use of the property, amounting to an outster, in such a case temporary injunction can be granted. (Anant vs. Balvant, (1985) ILR 19 Bom. 269)

Courts may grant Interlocutory orders in a divorce lawsuit where the interlocutory application is for maintenance, pending a choice on child support or alimony.

If the supreme court order says ‘interlocutory application disposed of”, then it means, one’s application filed for seeking some relief, and on hearing your plea on the application, the court has passed an order in your application.

 

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