Suresh Kumar Jain vs. Hulash Chand Jain

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS._______/2024 (@ Special Leave Petition (Civil) Nos.28185-28186/2023

SURESH KUMAR JAIN & ORS. APPELLANT(S)

VERSUS

HULASH CHAND JAIN & ORS. RESPONDENT(S)

O R D E R

1. Leave granted.

2. We have heard learned Senior Counsel appearing for the parties.

3. The impugned judgment as pronounced originally purports to finally decide both the appeals by allowing the same. Surprisingly, later on, the High Court clarifies the judgment by deleting the operative part of the judgment. Such approach gives a scope to learned counsel for the respondents to argue that what is granted by the High Court is an interim order.

4. While hearing the appeals finally, the Court allowed the appeals. By a subsequent order, that part of the judgment by which the appeals were allowed was deleted.

5. Therefore, the only option which we have is to set aside the impugned judgment as modified subsequently and direct the concerned Bench of the High Court to rehear the appeals. Accordingly, the impugned judgment is set aside and APOT Digitally signed by KAVITA PAHUJA Date: 2024.08.09 13:51:58 IST Reason: Signature Not Verified

Nos.124 and 141 of 2021 are restored to the file of the High Court.

6. We direct the Registry to immediately forward a copy of this order to the Registrar (Judicial) of the High Court of Calcutta. The Registrar (Judicial) shall ensure that the restored appeals are placed before the Roaster Bench on 27th August, 2024 in the morning for fixing a date for hearing. We direct the appellants and respondents to appear before the Court on that day and no further notice of the restored appeals shall be served to them.

7. The High Court to decide the restored appeals on its own merits in accordance with law.

8. The appeals are partly allowed on above terms.

9. The contentions in the pending appeals are kept open.

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

..........................J. (ABHAY S.OKA)

...........................J. (AUGUSTINE GEORGE MASIH)

New Delhi; August 5, 2024.

ITEM NO.53 COURT NO.6 SECTION XVI

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

Petitions for Special Leave to Appeal (C) Nos.28185-28186/2023

(Arising out of impugned final judgment and order dated 11-02- 2022 in APOT No. 124/2021 and order dated 11-02-2022 in APOT No.141/2021 passed by the High Court At Calcutta)

SURESH KUMAR JAIN & ORS. Petitioner(s)

VERSUS

HULASH CHAND JAIN & ORS. Respondent(s)

Date : 05-08-2024 These petitions were called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
• For Petitioner(s) Mr. Nakul Diwan, Sr. Adv. Dr. Sumant Bharadwaj, Adv. Mr. Vedant Bharadwaj, Adv. Ms. Mridula Ray Bharadwaj, AOR Mr. Satvik Chandrashekhar, Adv. Mr. Tanay Hari Har Lal, Adv. Mr. D.M.sharma, Adv. Ms. Apoorva Chauhan, Adv. Mrs. Surbhi Sharma, Adv.
• For Respondent(s) Mr. Ajit Sinha, Sr. Adv. Mr. Roshan Santhalia, AOR Mr. Vikas Sethi, Adv.

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

Leave granted.

The appeals are partly allowed in terms of the signed order, which is placed on the file.

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

(KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)