The doctrine of merger on grant/ dismissal of SLP

(i) The doctrine of merger although has its roots in common law
principles, but has been deeply interspersed in Indian jurisprudence, through a series of decisions.

(ii) If Special Leave is not granted and the petition is dismissed by a reasoned or unreasoned order, the order against which such Special Leave Petition is filed would not merge with the order of dismissal.

(iii) However, once leave has been granted in a Special Leave Petition, regardless of whether such appeal is subsequently dismissed with or without reasons, the doctrine of merger comes into play resulting in merger of the order under challenge with that of the appellate forum, and only the latter would hold the field.

(iv) Consequently, it is the decision of the superior court which remains effective, enforceable, and binding in the eyes of the law, whether the appeal is dismissed by a speaking order or not.

(Kunhayammed v. State of Kerala (2000) 6 SCC 359, Khoday Distilleries Ltd. (now known as Khoday India Ltd.) & Ors. v. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd., Kollegal (Under Liquidation) represented by the Liquidator (2019) 4 SCC 376 referred)