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

Court:Supreme Court of India
Judge:Registrar
Case Status:Pending
Order Date:26 Mar 2025
CNR:SCIN010264122023

AI Summary

The Supreme Court of India has granted leave in a Special Leave Petition, effectively admitting the case for a full hearing as a Civil Appeal. This decision ensures the continuity of an existing interim order, significantly impacting the ongoing legal dispute that originated from a Madras High Court judgment.

Ratio Decidendi:
When the Supreme Court grants leave in a Special Leave Petition, it converts the petition into a Civil Appeal, and any existing interim orders passed during the SLP stage may be continued until further specific orders by the Court.

Case Identifiers

Primary Case No:SLP (C) No. 19874/2023
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Property Dispute
Secondary Case Numbers:Filing No. 26412/2023, Registration No. 4649/2025, CNR: SCIN010264122023
Order Date:2025-03-26
Filing Year:2023
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble M.M. Sundresh, Hon'ble Rajesh Bindal

Petitioner's Counsel

S. Nagamuthu
Senior Advocate - Appeared
M.P. Parthiban
Advocate - Appeared
Ankur Prakash
Advocate - Appeared
Priyanka Singh
Advocate - Appeared
Bilal Mansoor
Advocate - Appeared
Shreyas Kaushal
Advocate - Appeared
S. Geyolin Selvam
Advocate - Appeared
Alagiri K
Advocate - Appeared

Respondent's Counsel

Gaurav Agarwal
Senior Advocate - Appeared
R. Shase
Advocate - Appeared
Sibi Kargil
Advocate - Appeared

Advocates on Record

M.P. Parthiban
R. Shase

eCourtsIndia AITM

Brief Facts Summary

This order concerns Special Leave Petition (C) No. 19874/2023, filed against the final judgment and order dated 23-12-2022 of the High Court of Judicature at Madras in SA No. 50/2017. The Supreme Court, on March 26, 2025, granted leave in the matter, thereby admitting it as a Civil Appeal. The Court also directed that the interim order previously issued on August 28, 2023, shall remain in effect until subsequent orders.

Timeline of Events

2017

Second Appeal (SA No. 50/2017) filed in High Court of Judicature at Madras.

2022-12-23

Final judgment and order passed by High Court of Judicature at Madras in SA No. 50/2017 (impugned order).

2023-07-04

Special Leave Petition (C) No. 19874/2023 filed in the Supreme Court.

2023-08-28

An interim order was passed by the Supreme Court in the SLP.

2025-03-26

Supreme Court heard the petition, granted leave, and ordered the continuation of the interim order.

Key Factual Findings

The petition merits conversion into a Civil Appeal for a full hearing.

Source: Current Court Finding

An interim order was issued on 28.08.2023, which should remain in force.

Source: Current Court Finding

Primary Legal Issues

1.Admissibility and merits of the Special Leave Petition under Article 136 of the Constitution of India.
2.The correctness and legal validity of the impugned final judgment and order of the Madras High Court in SA No. 50/2017.

Court's Reasoning

The Supreme Court granted leave, implying that the petition raised substantial questions of law or facts, or that there were significant grounds to re-examine the High Court's decision, making it fit for conversion into a full Civil Appeal. The decision to continue the interim order indicates the Court's intent to maintain the status quo during the pendency of the appeal.

Judicial Philosophy Indicators:
  • Emphasis on Due Process
  • Preservation of Status Quo
Order Nature:Substantive
Disposition Status:Pending

Impugned Orders

High Court of Judicature at Madras
Case: SA No. 50/2017
Date: 2022-12-23

Specific Directions

  1. 1.Leave granted.
  2. 2.Interim order dated 28.08.2023 shall continue until further orders.

Precedential Assessment

Non-Binding (Procedural)

This order is procedural, granting leave and continuing an interim order, rather than laying down a new principle of law. It is specific to the facts and progress of this particular case.

Tips for Legal Practice

1.The grant of 'leave' means an SLP is admitted as a regular appeal; advocates must prepare for a full hearing on merits.
2.Interim orders passed during the SLP stage are often continued by the Supreme Court upon granting leave, maintaining the status quo.
3.Careful review of the impugned order and the legal questions arising from it is paramount for successful appellate strategy after leave is granted.

Legal Tags

Supreme Court Civil Appeal Admission ProcedureSpecial Leave Petition Conversion to AppealContinuation of Interim Orders by Supreme CourtChallenge to High Court Second Appeal JudgmentLegal Heirs Involvement in Property Litigation

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.

Order Issued After Hearing

Purpose:

Fixed Date by Court

Before:

Hon'ble M.M. Sundresh, Hon'ble Rajesh Bindal

Stage:

AFTER NOTICE (FOR ADMISSION) - CIVIL CASES

Remarks:

Leave Granted / Rule NISI / Appeal Admitted, Stay/Status quo [interim order to continue]

Listed On:

26 Mar 2025

In:

Judge

Category:

UNKNOWN

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Order Text

ITEM NO.37 COURT NO.8 SECTION XII

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). 19874/2023

[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)

Date : 26-03-2025 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL

  • For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv. Mr. M.p. Parthiban, AOR Mr. Ankur Prakash, Adv. Mrs. Priyanka Singh, Adv. Mr. Bilal Mansoor, Adv. Mr. Shreyas Kaushal, Adv. Mr. S. Geyolin Selvam, Adv. Mr. Alagiri K, Adv.
  • For Respondent(s) Mr. Gaurav Agarwal, Sr. Adv. Ms. R. Shase, AOR Mr. Sibi Kargil, Adv.

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

Leave granted.

Interim order dated 28.08.2023, shall continue until

further orders.

(SWETA BALODI) (POONAM VAID)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

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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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