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In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging ...
The term interim order refers to an order issued by a court during the pendency of the litigation.It is generally issued by the Court to ensure Status quo.The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "Actus curiae neminem gravabit" which, translated to English, stands for "an act of the court shall prejudice no one".
Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice.
However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of. There are two distinct forms of appellate review, "direct" and "collateral".
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [2]
A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified writ (a formal written command) to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
A court may issue a stay in a winding-up upon the creation of an application for rescission, an order being made against a false or mistaken institution, the petition debt being paid in full, the pertaining institution ceasing to exist, or the prior existence of a winding-up order. [5]
The High Court of Kerala admitted the writ petition and issued an interim order staying all further proceedings with respect to the notice issued to the builders. But the High Court, in the interim order allowed the Maradu panchayat to issue stop memo in accordance with the law. The Maradu panchayat did not issue any stop memo.