IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 323-324 OF 2023 (@ Special Leave Petition Nos. 1387-1388 of 2023) (@ Diary No(s). 6308 of 2020)

MARUDHANAYAGAM ETC. ETC. .....Appellant(s)

Vs.

K. SIVASUBRAMANIAN & ORS. .....Respondent(s)

WITH

CIVIL APPEAL NOS. 325-326 OF 2023 (@ Special Leave Petition Nos. 1389-1390 of 2023) (@ Diary No(s). 6265 of 2020)

WITH

CIVIL APPEAL NOS. 327-328 OF 2023 (@ Special Leave Petition Nos. 1391-1392 of 2023) (@ Diary No(s). 6606 of 2020)

O R D E R

Applications for deletion of respondents in SLP(C) Dy. Nos. 6308, 6265 and 6606 of 2020 is allowed at the risk of the appellants.

Delay condoned.

Leave granted.

We have considered the impugned order of the High Court with the aid of the submissions of the parties as well as the pleadings and documents. A reading of the order dated 30.4.2015 in the second appeal does not disclose any independent reasoning. Given the history and circumstances Digitally signed by NEETA SAPRA Date: 2023.01.21 10:29:44 IST Reason: Signature Not Verified

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of this case, the matters are remitted for fresh consideration by the High Court. It is clarified that if the appellants have not impleaded any necessary party including parties to the original suit, their legal heirs or their successors, the proceedings before the High Court would continue at their risk and any outcome would not bind such parties not so represented.

Having regard to the age of the cases and considering that the suit(s) was/were filed way back in the year 1985, the High Court is requested to hear the parties and render its decision, in accordance with law as early as possible preferably within three months.

The impugned order dated 31.10.2019 is hereby set aside. The appeals are allowed in terms of the above observations, but leaving all contentions on the merits, open.

...................J. (S. RAVINDRA BHAT)

....................J (DIPANKAR DATTA)

New Delhi; January 11, 2023.

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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). 6308/2020

(Arising out of impugned final judgment and order dated 31-10-2019 in CMPMD No. 5921/2018 30-04-2015 in SAMD No. 600/2007 passed by the High Court of Judicature at Madras at Madurai)

MARUDHANAYAGAM Petitioner(s)

VERSUS

K. SIVASUBRAMANIAN & ORS. Respondent(s)

(IA No. 95905/2020 - APPLICATION FOR PERMISSION IA No. 86174/2021 - APPLICATION FOR PERMISSION IA No. 60607/2020 - CONDONATION OF DELAY IN FILING IA No. 112641/2021 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 81520/2022 - EXEMPTION FROM FILING O.T. IA No. 65631/2020 - EXEMPTION FROM FILING O.T. IA No. 53878/2022 - EXEMPTION FROM FILING O.T. IA No. 60608/2020 - EXEMPTION FROM FILING O.T. IA No. 95906/2020 - EXEMPTION FROM FILING O.T. IA No. 81519/2022 - MODIFICATION OF COURT ORDER IA No. 53877/2022 - MODIFICATION OF COURT ORDER IA No. 95904/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES IA No. 65629/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES

IA No. 107233/2020 - STAY APPLICATION)

WITH

Diary No(s). 6265/2020 (XII)

(IA No. 86123/2021 - APPLICATION FOR PERMISSION IA No. 55151/2020 - CONDONATION OF DELAY IN FILING IA No. 112537/2021 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 55153/2020 - EXEMPTION FROM FILING O.T. IA No. 95882/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES IA No. 65720/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES IA No. 107168/2020 - STAY APPLICATION)

Diary No(s). 6606/2020 (XII) (IA No. 86218/2021 - APPLICATION FOR PERMISSION IA No. 61116/2020 - CONDONATION OF DELAY IN FILING IA No. 65745/2020 - EXEMPTION FROM FILING O.T. IA No. 61117/2020 - EXEMPTION FROM FILING O.T. IA No. 65741/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES

IA No. 107164/2020 - STAY APPLICATION)

Date : 11-01-2023 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DIPANKAR DATTA

For Parties Mr. V. Chitambaresh, Sr. Adv. Mr. Jayanth Muth Raj, Sr. Adv. Mr. Vinodh Kanna B., AOR Mrs. Malavika Jayanth, Adv. Ms. Miranda Solaman, Adv. Mr. P.N. Ravindran, Sr. Adv.

Mr. Jayant Muthraj, Sr. Adv. Mr. Roy Abraham, Adv. Mrs. Malavika Jayanth, Adv. Ms. Reena Roy, Adv. Ms. Seema Jain, Adv. Mr. Akhil Abraham Roy, Adv. Ms. Purva, Adv. Mr. Himinder Lal, AOR

Mr. Parijat Kishore, AOR

Mr. Vaibhav Manu Srivastava, AOR

Mr. Rajiv Dutta, Sr. Adv. Mr. G. Sivabalamurugan, AOR Mr. S. B. Kamalanathan, Adv. Mr. Selvaraj Mahendran, Adv. Ms. Merlyn Rachel, Adv. Mr. Adi Kesavan, Adv.

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

Applications for deletion of respondents in SLP(C) Dy. Nos. 6308, 6265 and 6606 of 2020 is allowed at the risk of the appellants.

Delay condoned. Leave granted. The appeals are allowed in terms of signed order. All pending applications stand disposed off.

(NEETA SAPRA) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)