Supreme Court – Daily Orders
Muthaiya Pillai vs Ramalingam Pillai (Dead) on 9 April, 2025
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ITEM NO.25 COURT NO.11 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 for Special Leave to Appeal (C) No.6438/2021
[Arising out of impugned final judgment and order dated 09-01-2018
in SA No. 1428/2002 passed by the High Court of Judicature at
Madras]
MUTHAIYA PILLAI Petitioner(s)
VERSUS
RAMALINGAM PILLAI (DEAD) Respondent(s)
[MEDIATION REPORT RECEIVED]
(IA No. 40649/2021 - EXEMPTION FROM FILING O.T.)
Date : 09-04-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE R. MAHADEVAN
For Petitioner(s) : Mr. Arvind Gupta, AOR
For Respondent(s) :
UPON hearing the counsel the Court made the following
O R D E R
1. Our order dated 11-12-2024 reads thus:-
“1. Heard the learned counsel for the petitioner.
2. Application for condonation of delay in filing substitution
and application for substitution are allowed.
3. It appears that the parties to this litigation are brothers.
4. Mr. Arvind Gupta, the learned counsel appearing on behalf of
the petitioner pointed out that during the pendency of this
petition, the original defendant passed away and his legal
heirs are now on record. The legal heirs are not being
Signature Not Verified represented by any one.
Digitally signed by
VISHAL ANAND
Date: 2025.04.11
18:36:48 IST
5. Since the parties are related, we are of the view that they
Reason:
should sit together and try to arrive at some amicable
settlement.
6. Parties shall appear before the Supreme Court Mediation
Centre on 20.12.2024 at 11.30 A.M.
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7. The Registry shall inform the legal heirs of this order and
also the date on which they are supposed to appear before the
Supreme Court Mediation Centre for the purpose of settlement.
8. List the matter after Mediation report is received.”
2. The Office Report indicates that the legal heirs of the
original defendant were informed about the order, referred to
above.
3. However, the legal heirs have thought fit not to appear before
this Court either in-person or through an Advocate.
4. As the parties are related, we though fit that they should sit
together and try to resolve the dispute.
5. Issue fresh notice to the legal heirs of the original
defendant to be served through the Additional District Munsif
Court, Mayiladuthurai, returnable in four weeks.
6. Dasti, in addition, is permitted.
(VISHAL ANAND) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER(NSH)