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Interlocutory Appeal

Jurisdictional & Appellate Practice Terms

Definition

An appeal preferred against an interim or provisional order passed during the pendency of a suit or trial (e.g., an order granting or refusing an injunction under Order XLIII Rule 1 CPC) that does not finally dispose of the entire litigation.

Example

A civil trial judge rejects a plaintiff's application for a temporary injunction to halt building demolition; the plaintiff files an interlocutory appeal (Miscellaneous Appeal) before the District Court against that interim order.