P. Thangaraj vs. P. K. Natarajan (Died ) Through Lrs
AI Summary
The Supreme Court has granted an interim stay on final orders in a civil matter challenging a Madras High Court judgment, while simultaneously allowing the Special Leave Petition to proceed despite initial delays. This decision signals a significant development for the petitioners, ensuring their challenge is heard and providing temporary relief against adverse final outcomes from lower courts.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
This record of proceedings pertains to a Special Leave Petition (Civil) filed in the Supreme Court by P. Thangaraj & Anr., challenging a final judgment and order passed by the High Court of Judicature at Madras dated 23-12-2022 in SA No. 50/2017. The petitioners sought condonation of delay in filing and refiling the SLP, as well as exemption from filing official translation. The Supreme Court heard these applications on August 28, 2023.
Timeline of Events
Second Appeal (SA No. 50/2017) was filed or pending in the Madras High Court.
High Court of Judicature at Madras passed final judgment in SA No. 50/2017, which is now impugned.
Special Leave Petition (Civil) was filed in the Supreme Court.
Interlocutory applications for condonation of delay in refiling/curing defects, condonation of delay in filing, and exemption from filing official translation were filed.
Supreme Court heard the Special Leave Petition and the interlocutory applications, issuing the present order.
Key Factual Findings
The delay in filing and refiling the Special Leave Petition was condoned by the court.
Source: Current Court Finding
The application for exemption from filing official translation was allowed.
Source: Current Court Finding
The matter warrants issuance of notice to the respondents for further proceedings.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The petitioners likely argued for the condonation of delay in filing and refiling their Special Leave Petition, demonstrating 'sufficient cause' for the delays. They also sought exemption from official translation, presumably on grounds of convenience or the documents being in a widely understood language. Their ultimate objective, implied by filing the SLP, is to seek relief against the impugned High Court order.
Respondent's Arguments
As notice was issued on the date of this order, the respondents were not present or had not yet filed their detailed arguments. Therefore, no arguments from the respondent side are recorded in this proceeding.
Court's Reasoning
The Court found valid grounds to condone the delays in filing and refiling the SLP, indicating satisfaction with the reasons presented by the petitioners. The application for exemption from filing official translation was allowed, suggesting that the translation was either not immediately critical or the documents were sufficiently clear. By issuing notice and granting an interim direction, the Court determined that the matter warranted further consideration and that the petitioners deserved protection against final adverse orders during the pendency of the SLP.
- Pragmatic approach to procedural compliance (condoning delay)
- Emphasis on natural justice (issuing notice to respondents before proceeding on merits)
- Balance of convenience (granting interim stay without final order to protect petitioners' interests)
Impugned Orders
Specific Directions
- 1.Delay condoned for IA No.167538/2023 (Condonation of Delay in Filing) and IA No.167536/2023 (Condonation of Delay in Refiling/Curing Defects).
- 2.Application for exemption from filing official translation (IA No.167540/2023) is allowed.
- 3.Issue notice, returnable in six weeks.
- 4.Proceedings shall go on but no final orders will be passed in the meanwhile.
Precedential Assessment
Non-Binding (Procedural)
This is a procedural order granting interim relief and condoning delay, not a substantive judgment that lays down or interprets a point of law.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
28 Aug 2023
Original Order Copy
Get a certified copy of this order
Order Text
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). 26412/2023
(Arising out of impugned final judgment and order dated 23-12-2022 in SA No. 50/2017 passed by the High Court Of Judicature At Madras)
P. THANGARAJ & ANR. Petitioner(s)
VERSUS
P.K. NATARAJAN (DIED ) THROUGH LRS & ANR. Respondent(s)
( IA No.167538/2023-CONDONATION OF DELAY IN FILING and IA No.167540/2023-EXEMPTION FROM FILING O.T. and IA No.167536/2023- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS )
Date : 28-08-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE J.B. PARDIWALA
| For Petitioner(s) | Mr. S. Nagamuthu, Sr. Adv. | |
|---|---|---|
| Mr. M.P. Parthiban, AOR | ||
| Ms. Priyaranjani Nagamuthu, Adv. | ||
| Mr. R. Sudhakaran, Adv. | ||
| Mr. G.R. Vikash, Adv. | ||
| Mr. Bilal Mansoor, Adv. |
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
Delay condoned.
I.A. No.167540/2023 - application for exemption from filing official translation is allowed.
Issue notice, returnable in six weeks.
In the meanwhile, proceedings shall go on but no final orders will be passed. Signature Not Verified
Reason:
Digitally signed by POOJA SHARMA Date: 2023.08.29 17:49:46 IST
(KAVITA PAHUJA) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH)