1 CIVIL APPEAL @ SLP(C) NOS.8262-8264/2022 & Cntd. matters IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.6150 - 6152/2023 [@ SLP (C) NOS.8262-8264/2022] C. SRINIVASA REDDY & ANR.ETC. Appellant(s) VERSUS RAJA REDDY & ORS.ETC. Respondent(s) WITH CIVIL APPEAL NOS.6153 - 6156/2023 [@ SLP(C) Nos.24201-24204/2022] O R D E R CIVIL APPEAL NOS.6150-6152/2023 @ SLP(C) NOS.8262- 8264/2022 Leave granted. The appellants succeeded before the trial Court but before the First Appellate Court, the respondent(s) sought to file two documents and sought that the matter should be remitted to the trial Court for reconsideration on that basis. Out of the two documents, one document was found to be already on record and exhibited. The second document was the genealogical tree which was also filed by the respondent(s) but not exhibited. The First Appellate Court, however, set aside the decree passed by the trial Court and remitted it for reconsideration on the aforesaid basis. This order was affirmed by the judgment of the High Court dated 06.01.2022. We issued notice and granted stay of the proceedings.
2 CIVIL APPEAL @ SLP(C) NOS.8262-8264/2022 & Cntd. matters In our view, this course of action which is completely impermissible. Firstly, the respondent was negligent in not getting the documents exhibited as filed by them and now seeks to take advantage of that fact to seek remand before the trial Court. If the Appellate Court was of the view that it is a crucial document, it was for the appellate Court to consider that document by treating as an additional evidence and deciding the matter on merits. Nothing more and nothing less was required to be done. We have thus, no hesitation in setting aside the orders passed by the First Appellate Court dated 11.01.2021 and the impugned order of the High Court dated 06.01.2022 and remit the matters back to the First Appellate Court for consideration on merits of the appeals filed by the respondent(s). The appeals accordingly stand allowed leaving parties to bear their own costs. CIVIL APPEAL NOS.6153 – 6156/2023 @SLP(C) No. 24201-24204/2022 Leave granted. Service is complete but none appears for the respondent. In view of the orders passed in Civil Appeal Nos. 6150-6152 /2023 @ SLP(C) NOS.8262-8264/2022, the orders passed in the impugned order(s) dated 05.09.2022 to the extent it observes that there should be restraint against the appellant(s) not to
3 CIVIL APPEAL @ SLP(C) NOS.8262-8264/2022 & Cntd. matters alienate the property has to be decided as it will be for the First Appellate Court now to consider the appeals of the respondent(s) on merits and naturally also examine whether any interim order at all is required to be granted or not. Thus, those observations are set aside. The appeals are allowed in terms aforesaid. ……………………………………………….J. [SANJAY KISHAN KAUL] ……………………………………………….J. [SUDHANSHU DHULIA] NEW DELHI; SEPTEMBER 25, 2023.
4 CIVIL APPEAL @ SLP(C) NOS.8262-8264/2022 & Cntd. matters ITEM NO.33 COURT NO.2 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8262-8264/2022 (Arising out of impugned final judgment and order dated 06-01-2022 in CMA No. 1150/2021 06-01-2022 in CMA No. 1162/2021 06-01-2022 in CMA No. 1165/2021 passed by the High Court Of Judicature At Madras) C. SRINIVASA REDDY & ANR.ETC. Petitioner(s) VERSUS RAJA REDDY & ORS.ETC. Respondent(s) WITH SLP(C) No. 24201-24204/2022 (XII) Date : 25-09-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Mr. Vishwaditya Sharma, Adv. Mr. Balaji Srinivasan, AOR For Respondent(s) Mr. M.P. Parthiban, AOR Ms. Priyaranjani Nagamuthu, Adv. Mr. R. Sudhakaran, Adv. Mr. T. Hari Haran Sudhan, Adv. Mr. Bilal Mansoor, Adv. Mr. Shreyas Kaushal, Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) NOS.8262-8264/2022 Leave granted. The appeals are allowed in terms of the signed order. Pending application, if any, stands disposed of.
5 CIVIL APPEAL @ SLP(C) NOS.8262-8264/2022 & Cntd. matters SLP(C) Nos.24201-24204/2022 Leave granted. The appeals are allowed in terms of the signed order. Pending application, if any, stands disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]
ITEM NO.805 COURT NO.2 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8262-8264/2022 (Arising out of impugned final judgment and order dated 06-01-2022 in CMA No. 1150/2021 06-01-2022 in CMA No. 1162/2021 06-01-2022 in CMA No. 1165/2021 passed by the High Court Of Judicature At Madras) C. SRINIVASA REDDY & ANR. Petitioner(s) VERSUS RAJA REDDY & ORS. Respondent(s) Date : 18-08-2023 These petitions were mentioned today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Balaji Srinivasan, AOR (mentioned by) For Respondent(s) Mr. M.P. Parthiban, AOR UPON being mentioned the Court made the following O R D E R List on 25.09.2023. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.42 REGISTRAR COURT. 2 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VIVEK SAXENA Petition(s) for Special Leave to Appeal (C) No(s). 8262-8264/2022 C. SRINIVASA REDDY & ANR. Petitioner(s) VERSUS RAJA REDDY & ORS. Respondent(s) WITH SLP(C) No. 24201-24204/2022 (XII) (FOR ADMISSION and I.R. and IA No.205684/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 10-07-2023 These petitions were called on for hearing today. For Petitioner(s) Mr. Devamshu Behl, Adv. Mr. Balaji Srinivasan, AOR For Respondent(s) Mr. M.p. Parthiban, AOR Mr. Bilal Mansoor, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R SLP(C)Nos. 8262-64 of 2022 Four weeks time, is granted to respondent no.1 to file counter affidavit. Notice stands dispensed with in respect of respondent nos.2 to 16, but no one has entered appearance on their behalf. After the expiry of said period, matter shall be processed for listing before the Hon’ble Court as per rules.
SLP(C)Nos.24201-24204 of 2022 Despite due service on respondent nos.1 to 4, there is no appearance. Hence, process the matter for listing before the Hon’ble Court, as per rules. VIVEK SAXENA Registrar pm
ITEM NO.1702 COURT NO.8 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).8262-8264/2022 C. SRINIVASA REDDY & ANR. Petitioner(s) VERSUS RAJA REDDY & ORS. Respondent(s) (IA No. 173862/2022 - APPROPRIATE ORDERS/DIRECTIONS) Date : 13-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARAVIND KUMAR [IN CHAMBER] For Petitioner(s) Ms. Gauri Pasricha, Adv. Mr. Balaji Srinivasan, AOR For Respondent(s) Mr. M.P. Parthiban, AOR Mr. Bilal Mansoor, Adv. UPON hearing the counsel the Court made the following O R D E R IA No.173862/2022 is allowed. Service of notice upon respondent Nos.2 to 16 stands dispensed with. (GAGANDEEP SINGH CHADHA) (AMITA PANDEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.23 COURT NO.2 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) Nos.24201-24204/2022 (Arising out of impugned final judgment and order dated 05-09-2022 in WP No. 16726/2022, 16733/2022, 16729/2022 and 17110/2022 passed by the High Court Of Judicature At Madras) C. SRINIVASA REDDY ETC. Petitioner(s) VERSUS THE INSPECTOR GENERAL OF REGISTRATION & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.205684/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 16-01-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Balaji Srinivasan, AOR Mr. Dhruv Mehta, Sr. Adv. Ms. Gauri Pasricha, Adv. Mrs. Lakshmi Rao, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Permission to file additional documents/facts/annexures is allowed. Learned counsel for the petitioner submits that the impugned order amounts to defeating the stay granted by this Court. Issue notice. Tag with SLP (C) Nos.8262-8264/2022. In the meantime, the operation of the injunction granted 1
against the petitioner vide the impugned order is stayed. Dasti, in addition, including to respondent No.4, through counsel appearing in the connected matter. (RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER 2
ITEM NO.28 REGISTRAR COURT. 2 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. S.P.S. LALER Petition(s) for Special Leave to Appeal (C) No(s). 8262-8264/2022 C. SRINIVASA REDDY & ANR. Petitioner(s) VERSUS RAJA REDDY & ORS. Respondent(s) (FOR ADMISSION and I.R. ) Date : 01-11-2022 These petitions were called on for hearing today. For Petitioner(s) Mr. Balaji Srinivasan, AOR Ms. Gauri Pasricha,Adv. For Respondent(s) Mr. M.P. Parthiban, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. Counsel for petitioner has filed spare copies but the same are defective. Two weeks time is given to cure the defects. Four weeks time is given to respondent No.1 to file the counter affidavit. At this stage, Ld. Counsel for petitioner submits that he will be filing application for dispensation of service in respect of Respondent Nos. 2 to 16. He seeks and is given two weeks time to do the needful. In case such application is filed, the same be placed before Hon’ble Judge in Chambers for further directions. In case of non-compliance list the matter again before this Court on 7.12.2022. S.P.S. LALER Registrar MG
ITEM NO.11 COURT NO.6 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8262-8264/2022 (Arising out of impugned final judgment and order dated 06-01-2022 in CMA No. 1150/2021 06-01-2022 in CMA No. 1162/2021 06-01-2022 in CMA No. 1165/2021 passed by the High Court Of Judicature At Madras) C. SRINIVASA REDDY & ANR.ETC. Petitioner(s) VERSUS RAJA REDDY & ORS.ETC. Respondent(s) IA NO.69997/2022- FOR EXEMPTION FROM FILING O.T. (FOR ADMISSION and I.R. ) Date : 09-05-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Ms. Garima Jain, Adv. Mr. Abdul Saleem, Adv. Mr. Elambharathi Subbiah, Adv. Mr. Balaji Srinivasan, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Issue notice. In the meantime, there shall be stay of operation of the impugned orders. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)