Supreme Court - Daily Orders
Imayam Trust vs Balakumar . on 27 January, 2016
Bench: V. Gopala Gowda, Uday Umesh Lalit
1
ITEM NO.49 COURT NO.10 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). 8781/2015
(Arising out of impugned final judgment and order dated 10/02/2015
in CRP (PD) (MD) No. 140/2014 passed by the High Court Of Madras At
Madurai)
IMAYAM TRUST AND ORS. Petitioner(s)
VERSUS
BALAKUMAR AND ORS. Respondent(s)
(with appln. (s) for permission to place addl. documents on record
and interim relief and office report)
Date : 27/01/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. V. Giri, Sr. Adv.
Mr. G. Umapathy, Adv.
Mr. T. Balaji, Adv.
Ms. R. Mekhala, Adv.
Mr. Rakesh K. Sharma,Adv.
For Respondent(s) Mr. P. Vishwanatha Shetty, Sr. Adv.
Mr. P. Ranganatha Reddy, Adv.
Mr. Vijaya Kumar, Adv.
Mr. Saurabh Jain, Adv.
Mr. Kaushik Poddar,Adv.
Mr. G.M. Akbar Ali, Sr. Adv.
Mr. Akhil Akbar Ali, Adv.
Mr. Anurag Singh, Adv.
Signature Not Verified
Tulika Mukherjee,Adv.
Digitally signed by
Vinod Kumar
Date: 2016.01.28
14:16:18 IST
Reason: UPON hearing the counsel the Court made the following
O R D E R
Heard learned senior counsel for the parties. 2 Having regard to the contradictory stand taken by defendant no. 4 (Respondent no. 3 herein) before the High Court and also before this Court in these proceedings, the High Court was not right in transposing defendant no. 4 as plaintiff in the proceedings. Therefore, to that extent, the order of transposition cannot be allowed to be sustained and leave granted to sue under Section 92 of Code of Civil Procedure cannot be interfered with. Ordered accordingly.
The special leave petition is disposed of with the aforesaid clarification/modification.
(VINOD KUMAR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER