2009 (6 )  SCR 931 PREM CHANDRA AGARWAL & ANR.

v. U.P. FINANCIAL CORPN. & ORS.

(Civil Appeal No. 2769 of 2009)

APRIL 23, 2009

[MARKANDEY KATJU AND H.L. DATTU, JJ.]

The following Order of the Court was delivered  O R D E R

Civil Appeal No. 2769 of 2009 (@ S.L.P.(C) NO. 15019 / 2008:

1. Leave granted.

2. This appeal has been filed against the interim order dated 24.4.2004 passed  

by the High Court of Allahabad in Civil Misc. Writ Petition No. 40656 of 2007.

3.  Mr.  Vijay  Hansaria,  learned  senior  counsel  appearing  for  the  appellants  

submits that subsequently final  judgment has been passed by the High Court on  

25.8.2008 in the writ petition.

4. It is a well-settled principle that once a final order is passed, all earlier interim  

orders merge into the final order, and the interim orders cease to exist.

5.  In  this  appeal,  since the final  order  has been passed by the High Court,  

obviously all interim orders passed by the High court in the same writ petition cease  

to exist automatically. Consequently, any direction given in the interim order dated  

24.4.2004 also ceases to exist.

6. In view of the final order passed by the High Court, the impugned interim  

order  and  any  direction  therein  have  ceased  to  exist.  The  appeal  has  become  

infructuous and is, accordingly, dismissed.

Contempt Petition (C) No. 164 of 008 in SL P(C) 15019 / 2008:

7. In view of the aforesaid decision, Contempt Petition is dismissed.