Where a statute provides for an appeal against an interim order, is it open to a litigant to choose at his sweet will, a variation at the hands of the court of first instance or to opt for an appeal? Does the doctrine of res judicata have any application?
(Excerts from an affidavit drafted by Sri. Nedumpara) 1. This Court by its order dated 21.12.2021 was pleased to protect me from dispossession, but subject to the condition that I pay an amount of Rs. 25 lakhs. Had this Court had the benefit of hearing my lawyer, I bonafide believe, that this Court would have protected me without conditions. I sought my counsel’s advice. He told me that I can seek correction of the order before this Court (single bench) itself, or prefer an appeal under Section 5 of the Kerala High Court Act, which provides for an appeal even against...
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