Home / Supreme Court / Judgments / 2023 / Diary 10178

K. M. INBASEKARAN v. K.M. ANBARASU

Supreme Court of India | Diary 10178/2023

Status

ROP - of Main Case

Decided On

16-05-2023

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA and HON'BLE MR. JUSTICE RAJESH BINDAL

Petitioner

K. M. INBASEKARAN

Respondent

K.M. ANBARASU

Primary Holding

Dismissal of special leave petition and confirmation of an impugned order does not bar parties to a pending partition suit from seeking appointment of a Court Receiver over disputed assets and obtaining directions for renewal or grant of permits in respect thereof.

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Full Judgment Text

ITEM NO.16 COURT NO.15 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10178/2023 (Arising out of impugned final judgment and order dated 25-11-2022 in CRP No. 1115/2020 passed by the High Court of Judicature at Madras) K. M. INBASEKARAN Petitioner(s) VERSUS K.M. ANBARASU & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.90379/2023-EXEMPTION FROM FILING O.T. and IA No.90383/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Date : 16-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. B.Karunakaran,Adv. Mrs.K.Balambihai,Adv. Mr. Sarvanan,Adv. Mr. Anoop Prakash Awasthi, AOR For Respondent(s) Mr. G.Sivabalamurugan, AOR Ms. J.Merlyn Rachel, Adv. UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel appearing for the petitioner. Delay condoned. No case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is accordingly dismissed. 1

Learned counsel appearing for the petitioner states that the bus is not fetching any income. Moreover, a suit for partition is pending. It is made clear that dismissal of the Special Leave Petition and confirmation of the impugned order will not prevent the petitioner and the other parties to the suit from making an application for appointment of a Court Receiver in respect of the buses, subject matter of the suit. If the Receiver is appointed, the parties can seek directions from the Court for giving permission to the Receiver to apply for renewal of permit or grant of a permit. Pending application also stands disposed of. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER 2

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