APCRPCO Section 53 : Form of Interlocutory Application

Explanation using Example

Example 1: Filing an Interlocutory Application in a Property Dispute

Introduction: Raj and Priya are involved in a property dispute over a piece of land in Andhra Pradesh. The case is currently pending in the district court. Raj wants to file an interlocutory application to request a temporary injunction to prevent Priya from selling the property until the case is resolved.

Application: According to the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Chapter V, Rule 53, Raj must ensure that his interlocutory application is headed with the cause title of the original plaint. This means the application should clearly reference the existing case details as per Form No. 13.

Outcome: By correctly heading the application, Raj ensures that the court can easily associate the interlocutory application with the ongoing case. If he fails to do so, the application might be rejected or delayed, potentially allowing Priya to proceed with the sale.

Conclusion: Compliance with Rule 53 is crucial for the timely and effective processing of interlocutory applications. Properly heading the application helps avoid procedural delays and ensures that the court can address the request promptly.

Example 2: Interlocutory Application for Custody Modification

Introduction: Anjali and Vikram are divorced and share custody of their child. Anjali wishes to modify the custody arrangement due to a change in her work schedule. She decides to file an interlocutory application in the family court.

Application: As per the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Chapter V, Rule 53, Anjali must ensure that her interlocutory application is headed with the cause title of the original custody petition. This ensures that the application is correctly linked to the existing case.

Outcome: By adhering to Rule 53, Anjali's application is processed efficiently, allowing the court to consider her request without unnecessary delays. Non-compliance could result in the application being returned for correction, delaying the modification process.

Conclusion: Properly heading the interlocutory application is essential for maintaining procedural integrity and ensuring that the court can address the matter without administrative hurdles.