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RADHA GAJAPATHI RAJU v. P. MADURI GAJAPATHI RAJU

Supreme Court of India | Diary 398/2020

Status

Order

Decided On

2021-11-22

Bench

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

RADHA GAJAPATHI RAJU

Respondent

P. MADURI GAJAPATHI RAJU

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 6974-6975 /2021 [@ SLP [C] NOS.3373-3374/2020]

RADHA GAJAPATHI RAJU & ORS. Appellant(s)

VERSUS

P. MADURI GAJAPATHI RAJU & ORS. Respondent(s)

O R D E R

Delay in filing application for substitution is

condoned.

Application for substitution is allowed.

Leave granted.

The review application filed by the appellants after

dismissal of the Special Leave Petition in limine has

been rejected by the learned Single Judge of the High

Court on the ground that there is no satisfactory

ground to condone the delay in filing the review

petition. Thus, the only short question is whether the

time spent before this Court can be good ground for

condoning the delay.

Learned senior counsel for the appellants submits

that the appellants cannot be deprived of their right

to seek a review of the order of the High Court since

the dismissal of the Special Leave Petition is in

limine and refers to the judgment in Khoday

Distilleries Ltd. (Now Known as Khoday India Ltd.) &

Ors. v. Sri Mahadeshwara Sahakare Karkhane Ltd.,

2

Kollegal (Under Liquidation) Represented by the

Liquidator -(2019) 4 SCC 376.

Learned counsel for the respondents, on the

other hand, submits that the Special Leave Petition was

not pending for 722 days and he says so as there were

orders p...

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