Full Judgment Text
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.14122-14123 OF 2015
(arising out of S.L.P.(Civil) Nos.14381-14382 of 2014)
SUSANA RANI DAVID & ANR. ... APPELLANT(S)
VS.
ESTHER JASPHER SWAMINATHAN & ORS. ... RESPONDENT(S)
WITH
CIVIL APPEAL NOS.14124-14125 OF 2015
(arising out of S.L.P.(Civil) Nos.22795-22796 of 2014)
J U D G M E N T
Anil R. Dave, J.
1. Heard the learned counsel for the parties.
2. Leave granted.
JUDGMENT
3. Upon perusal of the impugned judgment and the facts
pertaining to the case, we find that the main dispute in the
appeals is only with regard to the share of defendant No.4-
Victoria Srinivasan.
4. In the course of hearing of these appeals, the
th
appellants had relied upon a sale deed dated 29 June, 2001
executed by defendant No.4, by virtue of which some property
had been sold by her. The said document has not been
exhibited before any court. The said sale deed is permitted
1
Page 1
to be placed on record so that it may be looked into by the
High Court and consider its effects on the compromise deed
entered into among some of the parties.
5. In these cicumstances, we dispose of these appeals with
a direction that a review application shall be filed by the
appellants within four weeks from today before the High Court
and the High Court shall permit the appellants to do the
needful to get the said document exhibited.
6. The High Court shall consider the effect of the said
sale deed after hearing the concerned paties and if
necessary, may modify the impugned judgement and pass
appropriate order in accordance with law.
7. It may further be noted that as shares of other
defendants have been purchased by defendant No.8, the amount,
if any, which might become payable to defendant No.4 shall
be paid by defendant No.8.
8. It is also agreed among the parties during the course
of hearing of these appeals that the compromise entered into
JUDGMENT
among the defendants which has been referred to in the
impugned judgment will not get affected by this order except
qua defendant No.4 and the same shall be considered to be a
valid compromise qua others who have not disputed it.
Therefore, the impugned order, to the extent it nullifies the
compromise, is set aside. The appeals are allowed to the
extent that the compromise to which defendant No.4 was not a
party, shall remain as it is.
2
Page 2
9. The registry of the High Court will fix the date for
hearing of the review application in the month of February,
2016. Only defendant Nos. 4, 8 and 9 or their
representatives shall be heard by the High Court.
11. Pending applications stand disposed of.
12. There shall be no order as to costs.
..............J.
[ANIL R. DAVE]
..................J.
[ADARSH KUMAR GOEL]
New Delhi;
th
7 December, 2015.
JUDGMENT
3
Page 3
ITEM NO.6 COURT NO.2 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) Nos. 14381-14382/2014
(Arising out of impugned final judgment and order dated 20/12/2013
in AN Nos. 517/1993 and 685/1993 passed by the High Court Of
Judicature at Madras)
SUSANA RANI DAVID & ANR. Petitioner(s)
VERSUS
ESTHER JASPHER SWANINATHAN & ORS. Respondent(s)
(With appln. (s) for exemption from filing affidavit)
WITH
SLP(C) No. 22795-22796/2014
(With appln.(s) for exemption from filing O.T. and Interim Relief
and Office Report)
Date : 07/12/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. G.Umapathy,Adv.
Mr. Rakesh K. Sharma,Adv.
Mr. Kapil Sibal,Sr.Adv.
Mr. Parag P.Tripathi,Sr.Adv.
Mr. A. V. Rangam,Adv.
Mr. Buddy A.Ranganadhan,Adv.
Mr. D.V. Raghu Vamsy,Adv.
JUDGMENT
For Respondent(s) Mr. S.Guru Krishna Kumar,Sr.Adv.
Mr. Senthil Jagadeesan,Adv.
Mr. Govind Manoharan,Adv.
Ms. Shruti Iyer,Adv.
Ms. Suchitra Kumbhat,Adv.
Mr. R.Balasubramanian,Sr.Adv.
Mr. V.Balachandran,Adv.
Mr. B.Karunakaran,Adv.
Mr. A.Lakshminarayanan,Adv.
For M/s. KSN & Co.,Advs.
4
Page 4
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are allowed in terms of the non-reportable
judgement. Pending applications stand disposed of.
There shall be no order as to costs.
(Anita Malhotra) (Sneh Bala Mehra)
Court Master Assistant Registrar
(Non-reportable judgment is placed on the file.)
JUDGMENT
5
Page 5