R.M Palaniappan vs Indian Cultural Research Trust

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11487 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 5002 OF 2016 ]

R.M PALANIAPPAN & ORS Appellant(s)

VERSUS

INDIAN CULTURAL RESEARCH TRUST & ANR Respondent(s)

WITH

CIVIL APPEAL NO. 11488 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 5101 OF 2016 ]

CIVIL APPEAL NO. 11489 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 5180 OF 2016 ]

CIVIL APPEAL NO. 11490 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 5184 OF 2016 ]

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The impugned order arises out of an interlocutory

order passed by the VI Assistant Judge, City Civil

Court, Chennai dated 16.10.2014. The operative

portion of the interlocutory order reads as

follows :-

"In the result, the petition is

allowed and thereby an order of Signature Not Verified

Temporary injunction is granted Digitally signed by JAYANT KUMAR ARORA Date: 2016.12.03 11:43:00 IST Reason:

restraining the respondents/defendants

and their men, agents and servants 2

from conducting the executive

committee meeting on 17.10.2014 or any

other future dates as per the notice

dated 8.10.2014. No cost."

3. The said interlocutory order was affirmed in the

Civil Misc. Appeal No. 142 of 2014 by the IV

Additional Judge, City Civil Court, Chennai.

4. The matter was pursued before the High Court in

Revision, wherein the following impugned order was

passed :-

"58. In fine,

(i) C.R.P.(PD) Nos. 2905 and 4273

of 2015 are allowed.

(ii) The fair and decreetal order

dated 13.04.2015 made in C.M.A. No.

142 of 2014 by confirming the order

and decreetal order dated 16.10.2014

made in I.A.No. 15897 of 2014 in

O.S.No. 5904 of 2014 is hereby set

aside.

(iii) Consequently, the application in

I.A.No. 15897 of 2014 in O.S. No. 5904

of 2014 on the file of the learned VI

Assistant Judge, City Civil Court,

Chennai is hereby dismissed. 3

(iv) C.R.P. (PD) Nos. 2906 and 4272

of 2015 are allowed.

(v) The fair and decreetal order

dated 13.04.2015 made in C.M.A.No. 143

of 2014 by confirming the order and

decreetal order dated 16.10.2014 made

in I.A.No. 15900 of 2014 in O.S.No.

5905 of 2014is hereby set aside.

(vi) Consequently, the application

in I.A.No. 15900 of 2014 in O.S.No.

5905 of 2014 on the file of the

learned VI Assistant Judge, City Civil

Court, Chennai is hereby dismissed.

vii) However, there is no order as

to costs."

5. Heard the learned senior counsel appearing on

both the sides. The respondents have fairly

submitted that the impugned order can be set aside

with their consent. Therefore, it is not necessary

to go into any of the contentions, being an order at

the interlocutory stage. Necessarily, the interim

order passed by the Assistant Judge, the operative

portion of which is extracted above, will

resuscitate, pending the suit, unless and until duly

varied by the trial court. Ordered accordingly. 4

6. Now that we have set aside the order and since

the order arises out of an interim order, needless to

say, it shall have no bearing on the outcome of the

suit.

7. With the above observations and directions and

leaving open all the contentions, the appeals are

disposed of.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;

November 29, 2016.

5

ITEM NO.30 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). 5002/2016

(Arising out of impugned final judgment and order dated 12/02/2016 in CRP No. 2905/2015 passed by the High Court Of Madras)

R.M PALANIAPPAN & ORS Petitioner(s)

VERSUS

INDIAN CULTURAL RESEARCH TRUST & ANR Respondent(s)

(For Final Disposal)

WITH

SLP(C) No. 5101/2016 (with Interim Relief and Office Report)

SLP(C) No. 5180/2016 (with Interim Relief and Office Report)

SLP(C) No. 5184/2016 (with Interim Relief and Office Report)

Date : 29/11/2016 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s) Mr. Kapil Sibal, Sr. Adv.

Mr. V. Giri, Sr. Adv.

Mr. Dhruv Mehta, Sr. Adv.

Mr. R. Jawarharlal, Adv.

Mr. E. Veda Bagath Singh, Adv. Mr. M. Suresh Kumar, Adv.

Mr. Siddharth Bawa, Adv.

Mr. T. Balaji, Adv.

Mr. P. B. Suresh Kumar, Adv.

Mr. Shyamal Anand, Adv.

Mr. Ashwani Kumar, Adv.

Mr. C. A. Sundaram, Sr. Adv.

Mr. Senthil Jagadeesan, Adv. Mr. Govind Manoharan, Adv.

Ms. Shruti Iyer, Adv.

For Respondent(s) Mr. Dushyant A. Dave, Sr. Adv.

Mr. A. R. L. Sunderasan, Sr. Adv. 6

Mr. K. K. Mani, Adv.

Mr. A. L. Gandhimathi, Adv.

Ms. T. Archana, Adv.

Mr. Jayanth Muth Raj, Adv.

Ms. Malavika J., Adv.

Mr. Sureshan P., Adv.

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

Leave granted.

The appeals are disposed of in terms of the signed

non-reportable Judgment.

Pending interlocutory applications, if any, are disposed of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Signed non-reportable Judgment is placed on the file)