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Supreme Court - Daily Orders

Ramakrishan vs Tiruchendur Taluk Udangudi Vattara ... on 8 September, 2025

Author: Prashant Kumar Mishra

Bench: Prashant Kumar Mishra

                                                                1

     ITEM NO.22                                   COURT NO.16                        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). 8523/2025

     [Arising out of impugned final judgment and order dated 13-12-2024
     in CRPMD No. 2990/2023 passed by the High Court of Judicature at
     Madras]

     RAMAKRISHAN & ORS.                                                                    Petitioner(s)

                                                              VERSUS

     TIRUCHENDUR TALUK UDANGUDI VATTARA CONGRESS COMMITTEE Respondent(s)

     FOR ADMISSION and I.R.
     IA No. 210402/2025 - CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS AND IA No. 210403/2025 - EXEMPTION FROM FILING O.T.

     Date : 08-09-2025 This matter was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
                           HON'BLE MR. JUSTICE VIPUL M. PANCHOLI

     For Petitioner(s) :
                                        Mr. A. Lakshminarayanan, AOR
                                        Mr. Mariarputham, Sr. Adv.
                                        Mr. K.lenin Devasahaya Vinober, Adv.
                                        Ms. Himali Gandhi, Adv.
                                        Mr. Ankit Sharma, Adv.
                                        Ms. Arushi Bansal, Adv.
     For Respondent(s) :

                            UPON hearing the counsel the Court made the following
                                               O R D E R

1. Delay condoned.

2. Referring to the judgment rendered by the Trial Court at Annexure P-6 particularly, the findings recorded in Paragraph Nos. 21 to 24, it is argued that Signature Not Verified Digitally signed by NISHA KHULBEY Date: 2025.09.09 in the earlier round of litigation, there was a finding 16:54:39 IST Reason: recorded that the relationship of the landlord and the tenant is not established. On that basis, the Trial 2 Court held that the suit is barred by res judicata. The said finding of the Trial Court was affirmed by the First Appellate Court. However, the High Court, under the impugned judgment and order dated 13-12-2024, has set aside the concurrent findings by the Courts below.

3. In that view of the matter, issue notice, returnable in four weeks.

4. In the meanwhile, the petitioners shall not be evicted from the subject suit premises.

   (NISHA KHULBEY)                                 (MANOJ KUMAR)
SENIOR PERSONAL ASSISTANT                        COURT MASTER (NSH)