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Supreme Court - Daily Orders

Sethupathy vs Ramar on 27 September, 2019

Bench: Indira Banerjee, M.R. Shah

                                                            1


     ITEM NO.1                                  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).20014/2018

     (Arising out of impugned final judgment and order dated 30-06-2017
     in CMPMD No.9219/2016 in SAMD Nos.SR20676/2016 & SR20676/2016
     passed by the Madurai Bench of Madras High Court)

     SETHUPATHY                                                                  Petitioner(s)

                                                           VERSUS

     RAMAR & ORS.                                       Respondent(s)
     (With appln.(s) for c/delay in filing and refiling SLP, permission
     to file addl. documents/facts/annexures & exemption from filing
     O.T.)

     Date : 27-09-2019 These matters were called on for hearing today.

     CORAM :
                              HON'BLE MS. JUSTICE INDIRA BANERJEE
                              HON'BLE MR. JUSTICE M.R. SHAH


     For Petitioner(s)                    Mr.   S. Nagamuthu,Sr.Adv.
                                          Mr.   Asaithambi MSM,Adv.
                                          Mr.   V. Balaji,Adv.
                                          Mr.   Atul Sharma,Adv.
                                          Mr.   C. Kannan,Adv.
                                          Ms.   Sripradha Krishnan,Adv.
                                          Ms.   Neha Singh,Adv.
                                          Mr.   Pallav Srivastava,Adv.
                                          Mr.   Rakesh K. Sharma,AOR

     For Respondent(s)


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

These Special Leave petitions are against the Signature Not Verified judgment and order dated 30.6.2017 passed by the Madurai Digitally signed by SARITA PUROHIT Date: 2019.10.01 17:05:44 IST Reason: Bench of the Madras High Court, dismissing the Second Appeal, being SAMD No.SR20676/2016, on the ground of delay of about 3520 days in filing the same.

2

The main ground urged in favour of condonation of delay was that the first petitioner had been convicted under Section 302 IPC and sentenced to life imprisonment. The High Court has however found on facts that the first petitioner had been on bail.

Be that as it may, we have also considered the contentions on merits and we do not find that there was any substantial question of law to be urged in the Second appeal. This Court is, therefore, not inclined to entertain these special leave petitions. The special leave petitions are dismissed. All the pending applications stand disposed of accordingly.

There is also a delay in filing as well as in refiling the special leave petitions. The delay in filing and refiling the special leave petitions is condoned.

    (Beena Jolly)                                             (Sarita Purohit)
    Branch Officer                                                AR-cum-PS