Supreme Court - Daily Orders
A V Baby Girija vs A V Rajan on 29 March, 2023
Bench: V. Ramasubramanian, Pankaj Mithal
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2023
(@ SLP (C) NO(S).19915 OF 2017)
A.V. BABY GIRIJA & ANR. APPELLANT(S)
VERSUS
A.V. RAJAN & ORS. RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). OF 2023
(@ SLP (C) NO(S). ________of 2023)
(@ DIARY NO(S). 8907 OF 2018)
AND
CIVIL APPEAL NO(S). OF 2023
(@ SLP (C) NO(S). of 2023)
(@ DIARY NO(S). 26907 OF 2018)
ORDER
Delay condoned.
Leave granted.
These three appeals arise out of the judgment of a Division Bench of the High Court of Kerala passed in a Regular Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, “CPC”) emanating from the dismissal of a suit for partition.
We have heard learned counsel appearing for the parties.
All the learned counsel for all the parties to these three appeals Signature Not Verified Digitally signed by NIRMALA NEGI agree that the judgment of the Division Bench of the High Court may Date: 2023.04.06 16:54:13 IST Reason: 1 be set aside and the appeal may be remanded back to the High Court for a fresh disposal on all issues.
In view of the above, all the three appeals are allowed. The impugned judgment and decree of the High Court of Kerala dated 06.03.2017 passed in A.S. No.321 of 2001 are set aside and the first appeal is remanded back to the High Court for a fresh disposal. The High Court may hear all the parties on all issues, as required in terms of the provisions of the CPC and dispose of the appeal in accordance with law.
Since it is a first appeal of the year 2001 and some of the original parties to the suit have already died, we request the High Court to endeavour to dispose of the appeal within a period of six months.
The appeals are allowed in the aforesaid terms.
Pending application(s), if any, shall stand disposed of.
…………………………….. J.
(V. RAMASUBRAMANIAN) ………………………….. J.
(PANKAJ MITHAL) New Delhi;
March 29, 2023 2 ITEM NO.41 COURT NO.15 SECTION XI-A 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). 19915/2017 (Arising out of impugned final judgment and order dated 06-03-2017 in AS No. 321/2001 passed by the High Court Of Kerala At Ernakulam) A V BABY GIRIJA & ANR. Petitioner(s) VERSUS A V RAJAN & ORS. Respondent(s) (IA No. 115056/2020 - APPLICATION FOR SUBSTITUTION IA No. 23870/2021 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.
IA No. 68693/2017 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 73508/2018 - EXEMPTION FROM FILING O.T. IA No. 73497/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 23872/2021 - SETTING ASIDE AN ABATEMENT IA No. 119785/2019 - VACATING STAY) WITH Diary No(s). 8907/2018 (XI-A) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 59742/2018 FOR CONDONATION OF DELAY IN FILING ON IA 59743/2018 FOR DELETING THE NAME OF RESPONDENT ON IA 59745/2018 FOR CONDONATION OF DELAY IN REFILING ON IA 59748/2018 FOR CONDONATION OF DELAY IN FILING/REFILING SLP ON IA 59748/2018 FOR CONDONATION OF DELAY IN RE-FILING APPEAL ON IA 59748/2018 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 70258/2018 FOR EXEMPTION FROM FILING O.T. ON IA 70260/2018 IA No. 59743/2018 - CONDONATION OF DELAY IN FILING IA No. 59748/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 59745/2018 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 59742/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 70260/2018 - EXEMPTION FROM FILING O.T. IA No. 70258/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 26907/2018 (XI-A) (IA No. 103632/2018 - CONDONATION OF DELAY IN FILING IA No. 103630/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 103629/2018 - EXEMPTION FROM FILING O.T.) 3 Date : 29-03-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Reshmi Rea Sinha, AOR Mr. Naresh Kumar, AOR Mr. V.giri, Sr. Adv.
Mr. Jaimon Andrews, Adv. Mr. K.k Krishnakumar, Adv. Mr. Piyo Harold Jaimon, Adv. Mr. Firdouse C.p, Adv.
Ms. Usha Nandini V., AOR Mr. Thottathil Radhakrishnan, Sr. Adv. Mr. Renjith B. Marar, Adv. Ms. Lakshmi N. Kaimal, AOR Mr. Arun Poomulli, Adv. Mr. Davesh Kumar Sharma, Adv. Ms. Ashu Jain, Adv.
For Respondent(s) Mr. P N Ravindran, Sr. Adv.
Mr. Ramesh Babu M. R., AOR Mr. Pranav P, Adv.
M/S. Lawfic, AOR Mr. Devadatt Kamat, Sr. Adv. Mr. Boby Augustine, Adv. Mr. M.s. Vishnu Sankar, Adv. Mr. Koshy John, Adv.
Mr. Sriram Parakkat, Adv. Ms. Athira G. Nair, Adv. Mr. Harsh Pandey, Adv.
Ms. Reshmi Rea Sinha, AOR Ms. Swati Setia, AOR Mr. Nitesh Jain, Adv.
Mr. Renjith. B, AOR Mr. Thottathil Radhakrishnan, Sr. Adv. Mr. Renjith B. Marar, Adv. Ms. Lakshmi N. Kaimal, AOR 4 Mr. Arun Poomulli, Adv.
Mr. Davesh Kumar Sharma, Adv. Ms. Ashu Jain, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The application(s) for deletion is/are allowed at the risk of petitioners.
The appeals are allowed in terms of the signed order which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) 5 5