IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

CONTEMPT PETITION(CIVIL) NOS. 595-597/2024 IN SLP(C) NOS. 11167-11169/2023

S. SEKAR & ANR. PETITIONER(S)

VERSUS

D. BASKARA PANDIAN, DISTRICT COLLECTOR & ORS. RESPONDENT(S)/ ALLEGED CONTEMNOR(S)

O R D E R

1. In view of the order passed today in SLP(Civil) Nos. 11167-11169/2023, the contempt petitions have lost their efficacy and are accordingly dismissed.

2. Pending application(s), if any, shall stand disposed of.

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

............................J. (NONGMEIKAPAM KOTISWAR SINGH)

NEW DELHI 19th MARCH, 2025 GA

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). 11167- 11169/2023

[Arising out of impugned final judgment and order dated 20-07-2022 in CMP No. 7403/2022 20-07-2022 in CMP No. 7408/2022 20-07-2022 in CMP No. 7412/2022 passed by the High Court of Judicature at Madras]

S. SEKAR & ANR. PETITIONER(S)

VERSUS

SEKAR & ORS. RESPONDENT(S)

(IA No. 94770/2023 - EXEMPTION FROM FILING O.T.)

WITH

CONMT.PET.(C) No. 595-597/2024 in SLP(C) No. 11167-11169/2023 (XII)

Date : 19-03-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

For Petitioner(s) :Mrs. Prabha Swami, Adv. Ms. Divya Swami, Adv. Mr. Nikhil Swami, AOR

For Respondent(s) :Mr. Apoorva Singhal, AOR Mr. R. Venkataraman, Adv. Mr. Tanuj Agarwal, Adv. Mr. Ashfaq, Adv.

Mr. Siddharth Naidu, Adv. Mr. V Balachandran, Adv. Mr. Saurab Bharadwaj, Adv. M/S. Ksn & Co., AOR

UPON hearing the counsel the court made the following O R D E R SLP (C) NOS. 11167-11169/2023

1. Heard learned counsel for the parties.

2. The Second Appeal No.1210 of 2001 was dismissed by the High Court for want of non-prosecution. After about 14 ½ years, applications were made to recall the order dismissing the second appeal and for condoning the delay in filing the restoration application. The said applications have been dismissed holding that the delay is not properly explained. However, while dismissing the delay condonation application and the restoration applications, the High Court had made certain observations and had given directions in paragraph 16 of the impugned order.

3. In the facts and circumstances of the case, once the second appeal had been dismissed and the applications for recall of the said order or for restoration of the second appeal have also been dismissed, it was not open for the High Court to have observed anything on the merits of the case.

4. In view of the aforesaid facts and circumstances, we dispose of these Special Leave Petitions with the direction that any observations, findings or directions recorded by the High Court while rejecting the restoration applications by the impugned order(s) dated 20.07.2022 shall not come in the way of either of the parties and would not be treated as a binding precedent.

5. However, it will be open for the Government to take appropriate steps for the eviction of the encroachers, if any.

6. Pending application(s), if any, shall stand disposed of.

3

CONTEMPT PETITION (CIVIL) NOS. 595-597/2024 IN SLP(C) NOS. 11167-11169/2023

1. In view of the order passed today in SLP(Civil) Nos. 11167-11169/2023, the contempt petitions have lost their efficacy and are accordingly dismissed.

2. Pending application(s), if any, shall stand disposed of.

(Nidhi Mathur) (Geeta Ahuja) Court Master (NSH) Assistant Registrar-cum-PS

(Signed Order in Contempt Petition (Civil) Nos. 595-597/2024 in SLP(C) Nos. 11167-11169/2023 is placed on the file)