G. Rama Krishna Reddy vs. Gold Exports Pvt Ltd

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

I.A. NO.187604 OF 2022 IN S.L.P. (CIVIL) NOS. 2373-2377 OF 2020

M/s. Trinity Infraventures Ltd. & Ors …Applicant(s)/

Petitioner(s)

Versus

M.S. Murthy & Ors. …Respondent(s)

ORDER

1. This application is taken out by the petitioners in the above

Special Leave Petitions seeking the following reliefs:

"(a) Set aside the impugned order and re-remand the matter back to the Hon'ble High Court for the State of Telangana for fresh adjudication.

(b) Pass directions that the title of the Claim Petitioners who were parties in C.A. 3327 of 2014 & batch alone remanded by this Hon'ble Court vide order dt. 05.03.2014 (Annexure A/2) be adjudicated afresh, preferably within Sixty days.

(c) Pass directions dismissing all other connected SLP's and impleadment applications granting liberty to approach appropriate forums for seeking their remedy as per the law.

(d) Pass directions that the status-quo order passed by this Hon'ble Court remain operative till the matter remanded is disposed by the High Court after fresh consideration.

(e) Pass directions that since the preliminary decree passed in CS 14 of 1958 has attained finality by virtue of or orders of this Hon'ble Court in past rounds of litigation, the state government may not be allowed to walk back on the preliminary decree of 1963 in the suit.

(f) Pass directions allowing I.A. No. 160343 of 2022 filed for detagging SLP Diary No. 19288 of 2022 as the same is arising out of a different impugned order passed by the High Court and further pass a directions allowing SLP Diary No. 19288 of 2022 to be listed by the registry in due course, separately."

2. Out of the aforesaid reliefs, the relief sought in clause (a) alone deserves some consideration. All other reliefs, if granted would tantamount to deciding the Special Leave Petitions without even a hearing. Therefore, reliefs sought in clause (b) to (f) are rejected.

3. Coming to the relief claimed in clause (a), the petitioners claim that one of the Hon'ble Judges of the High Court of Telangana, who was a party to the order impugned in the Special Leave Petitions, recused himself from hearing an application connected to the same matter, when it was listed before a Bench presided over by him on 19.10.2022. According to the petitioners, the reason for the Hon'ble Judge recusing himself was that he had appeared as an advocate in C.S. No.14 of 1958.

4. Therefore, according to the petitioners, for the same reason on which another judgment of the same High Court was set aside by this Court by an order dated 5.3.2014 in Civil Appeal No.3327 of 2014, the impugned order deserves to be set aside and the matter remanded back to the High Court.

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5. But the said contention of the petitioners is thoroughly misconceived, at least for two reasons. They are : (i) The order of the recusal dated 19.10.2022 passed in Application No.2351 of 2011 in C.S. No.14 of 1958 does not indicate any reason for the learned Judge recusing from the case. The petitioners want to attribute to the learned Judge, a reason for his recusal, which is not reflected in the order. We are only fortunate that the petitioners are not asking us to issue a notice to the learned Judge to ascertain the reasons for his recusal; and (ii) The order dated 5.3.2014 passed in Civil Appeal No.3327 of 2014, has no application to the case on hand. In Civil Appeal No.3327 of 2014, this Court found that one of the Judges constituting the Division Bench, had already dealt with an application in the same matter as a Principal District Judge, Ranga Reddy District. Therefore, that case stands on a different footing.

6. In view of the above, I.A. No.187604 of 2022 is dismissed.

………………...................J. (V. RAMASUBRAMANIAN)

……..............................J. (PANKAJ MITHAL)

New Delhi; March 01, 2023

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).2373-2377/2020

(Arising out of impugned final judgment and order dated 20-12-2019 in OSA No. 54/2004 20-12-2019 in OSA No. 56/2004 20-12-2019 in OSA No. 57/2004 20-12-2019 in OSA No. 58/2004 20-12-2019 in OSA No. 59/2004 passed by the High Court For The State Of Telangana At Hyderabad)

M/S. TRINITY INFRAVENTURES LTD. & ORS. Petitioner(s)

VERSUS

M. S. MURTHY & ORS. Respondent(s)

(IA No. 187604/2022 - APPROPRIATE ORDERS/DIRECTIONS)

Date : 01-03-2023 this application was called on for pronouncement of order today.

FOR THE PARTIES<br>Mr. Mandeep Kalra, AOR<br>Ms. Radhika Narula, Adv.<br>Ms. Divya Singh Pundir, Adv.<br>Ms. Kanak Malik, Adv.<br>Mr. Rishabh Lekhi, Adv.<br>Ms. Tanya Singh, Adv.
Ms. Anushna Sathapathy, Adv.

M/S. M. Rambabu And Co., AOR Mr. K. Venkat Rao, Adv. Mr. Mullapudi Rambabu, Adv. Mr. N. Eswara Rao, Adv. Ms. Prity Kumari, Adv.

Mr. B Adinarayana Rao, Sr. Adv. Mr. Byrapaneni Suyodhan, Adv. Mr. P Vinod Kumar, Adv. Mr. Kumar Shashank, Adv. Ms. Tatini Basu, AOR Mr. Balaji Srinivasan, AOR Mr. Santosh Krishnan, AOR

Mr. M. A. Chinnasamy, AOR M/S. Nuli & Nuli, AOR Mr. Rajnish Kumar Jha, AOR Ms. Puja Srivastava, Adv.

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Mr. Nahendra Kumar, Adv. Ms. Anu Gupta, AOR Mr. Kumar Shashank, Adv. Mr. Nivesh Kumar, Adv. Mr. Piyush Tonk, Adv. Mr. Vishal Prasad, AOR M/S. Venkat Palwai Law Associates, AOR Mr. Hemendra Nath Reddy, Sr. Adv. Mr. Namit Saxena, Adv. Mr. Prashanth Reddy, Adv. Ms. S. Ashra, Adv. Mr. P.V. Surender Nath, Sr. Adv. Mr. D. Srinivas,Adv. Mr. Raghavendran, Adv. Mr. Rubhavathi, Adv. Mr. B. Paramesh, Adv. Mr. R. Ravi, Adv. Mr. Subash Chandran, Adv. Mr. Sawan Kumar Sukla, Adv. Mr. C. Laksumanna, Adv. Mr. M. Venkatesulu, Adv. Ms. Lekha, Adv. Mr. M.A. Chinnasamy, AOR

Hon'ble Mr. Justice V. Ramasubramanian pronounced the order of the Bench comprising His Lordship and Hon'ble Mr. Justice Pankaj Mithal in terms of the signed order which is placed on the file.

IA No. 187604/2022 – for appropriate orders/directions is

dismissed.

List SLP (C) Nos. 2373-2377/2020 along with connected matters on 05.04.2023.

(RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)

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