P. Thangaraj vs. P. K. Natarajan (Died ) Through Lrs

Court:Supreme Court of India
Judge:Hon'ble M.M. Sundresh
Case Status:Pending
Order Date:11 Sept 2024
CNR:SCIN010264122023

AI Summary

In a crucial Special Leave Petition, the Supreme Court Registrar has issued directions to ensure all parties are on record. Respondents 1-4 have been granted a final four weeks to file their counter affidavits, while the petitioner receives a last opportunity of two weeks to serve the unserved Respondent 5, highlighting the court's emphasis on due process and timely compliance in high-stakes civil litigation.

Ratio Decidendi:
Procedural orders from the Registrar's court focus on ensuring due process, specifically proper service of notice to all parties and timely filing of affidavits, to enable the case to progress to the next substantive stage. Granting 'last opportunities' emphasizes the court's commitment to procedural compliance while allowing for final chances to avoid unnecessary delays or complications.

Case Identifiers

Primary Case No:19874/2023
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Property/Succession Dispute
Secondary Case Numbers:26412/2023, 4649/2025, SCIN010264122023
Order Date:2024-09-11
Filing Year:2023
Court:Supreme Court of India
Bench:Registrar Court
Judges:Hon'ble Sujata Singh

Petitioner's Counsel

M. P. Parthiban
Advocate - Appeared
S. Geyolin Selvam
Advocate - Appeared

Respondent's Counsel

R. Shase
Advocate - Appeared
Sibi Kargil
Advocate - Appeared

Advocates on Record

M. P. Parthiban
R. Shase

eCourtsIndia AITM

Brief Facts Summary

The present order pertains to a Special Leave Petition (Civil) before the Supreme Court of India. During the Registrar's hearing, it was noted that Respondent Nos. 1 to 4 had not yet filed their counter affidavits, and Respondent No. 5 remained unserved, prompting the court to issue specific directions for procedural compliance.

Timeline of Events

2017

Impugned case (SA-50-2017) originated in the High Court.

2022-12-23

Final order passed by the High Court in SA-50-2017.

2023-07-04

Special Leave Petition filed in the Supreme Court.

2023-08-28

First hearing of the SLP in the Supreme Court.

2024-09-11

Current procedural order passed by the Registrar.

2024-11-13

Case listed again for further hearing.

Key Factual Findings

Respondent Nos.1 to 4 have not yet filed their counter affidavits.

Source: Current Court Finding

Respondent No.5 remains unserved.

Source: Current Court Finding

Primary Legal Issues

1.Ensuring proper service of notice to all necessary parties in a Special Leave Petition.
2.Ensuring timely filing of counter affidavits by respondents in an ongoing appeal.

Petitioner's Arguments

Implicitly, the petitioner's counsel has sought to advance the case, necessitating compliance with service requirements for the unserved respondent and progress on counter affidavit filings from other respondents.

Respondent's Arguments

Implicitly, counsel for Respondents 1-4 may have sought additional time to file counter affidavits, leading to the grant of a 'last opportunity'.

Court's Reasoning

The Registrar's decision is based on the necessity to ensure adherence to procedural due process. Granting 'last opportunities' for filing and service ensures that all parties are properly before the court and have a fair chance to present their side, which is crucial for the efficient and just adjudication of the Special Leave Petition.

Judicial Philosophy Indicators:
  • Strict Adherence to Procedure
  • Emphasis on Natural Justice
  • Case Management Efficiency
Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

High Court
Case: SA-50-2017
Date: 2022-12-23

Specific Directions

  1. 1.Respondent Nos.1 to 4 are granted four weeks' time, as last opportunity, for filing counter affidavit.
  2. 2.Ld. Counsel for the petitioner is granted two weeks' time, as last opportunity, to take fresh steps in respect of the unserved respondent No.5.

Precedential Assessment

Non-Binding (Procedural)

This is a routine procedural order by the Registrar, focusing on case management, service, and filing compliance rather than substantive legal interpretation or establishing a new legal principle.

Tips for Legal Practice

1.Timely compliance with Registrar's directions, especially 'last opportunities', is critical to avoid adverse orders or further delays.
2.Counsel must diligently pursue fresh steps for service of unserved parties to ensure the case progresses effectively.
3.Adherence to filing deadlines for counter affidavits is paramount in Supreme Court proceedings.

Legal Tags

Supreme Court Procedural Order Special Leave PetitionRegistrar Directions Counter Affidavit FilingService of Notice Compliance Supreme CourtCivil Litigation Due Process Requirements IndiaDelay in Filing Counter Affidavits Procedure

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

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Order Text

ITEM NO.26 REGISTRAR COURT SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR MS. SUJATA SINGH

Petition(s) for Special Leave to Appeal (C) No(s). 19874/2023

P. THANGARAJ & ANR. Petitioner(s)

VERSUS

P.K. NATARAJAN (DIED ) THROUGH LRS & ANR. Respondent(s) )

Date : 11-09-2024 This petition was called on for hearing today.

For Petitioner(s)

Mr. M.p. Parthiban, AOR Mr. S. Geyolin Selvam, Adv.

For Respondent(s)

Ms. R. Shase, AOR Mr. Sibi Kargil, Adv.

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

Respondent Nos.1 to 4 are granted four weeks' time, as last opportunity, for filing counter affidavit.

Ld. Counsel for the petitioner is granted two weeks' time, as last opportunity, to take fresh steps in respect of the unserved respondent No.5. Signature Not Verified

List again on 13.11.2024. Digitally signed by PRIYANKA MALIK Date: 2024.09.11

SUJATA SINGH Registrar

16:15:24 IST Reason:

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Case History of Orders

Order(7) - 26 Mar 2025

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Order(6) - 5 Mar 2025

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Order(5) - 29 Jan 2025

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Order(4) - 13 Nov 2024

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Order(3) - 11 Sept 2024

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Order(2) - 25 Jul 2024

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Order(1) - 28 Aug 2023

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