GOPAL MURTI DUBEY Vs. STATE OF M.P

JUDGEMENT

(1.) The instant intra court appeal filed u/S. 2(i) of M.P. Uchcha Nyayalay (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 (for brevity Adhiniyam 2005) assails the interlocutory order passed by the learned single judge on 24/9/2019 in W.P.6500/2011 whereby while adjudicating the petition filed u/Art. 226 of the Constitution of India, an application for intervention bearing I.A. 902/2012 was allowed and petitioners/appellants herein were directed to implead the intervenors as party.

(2.) In the face of the statutory bar contained in Sec. 2(1) of the Adhiniyam 2005, it has to be seen whether this writ appeal is maintainable against an interlocutory order.

(3.) On the anvil of the law laid down by the Full Bench of this court in the case of Arvind Kumar Jain Vs. State of M.P., reported in 2007(3) MPLJ 565, if an interlocutory order results in substantially deciding a particular issue contested between the parties then the court may entertain a writ appeal against an interlocutory order, not otherwise. Relevant para 26 of the said judgment is reproduced below:-