Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(SC) 105932

SUPREME COURT OF INDIA
MR. JUSTICE SANJAY KAROL, MR. JUSTICE K.V. VISWANATHAN, JJ
PATNAM SHAKUTALA VS. R. BABU RAO
SLP(C) No. 2182/2025

Advocates:
Mr. Mukul Rohatgi, Sr. Adv., Mr. Maninder Singh, Sr. Adv., Mr. Mahfooz A. Nazik, Adv., Mr. Gaichangpou Gangmei, Adv., Mr. Arjun D. Singh, Adv., Mr. Udit Dedhiya, Adv., Ms. Nisha Pandey, Adv., Mr. Maitreya Mahaley, Adv., Mr. Yimyanger Longkumer, Adv., Mr. J. Prasad, Adv., M/S Ag Veritas Law, AOR, Mr. R. Anand Padmanabhan, Sr. Adv., Mr. Saurabh Mishra, Sr. Adv., Mr. M. Sharath Chandra Reddy, Adv., Mr. Yshaswi Sk Chocksey, Adv.

The court emphasized the need for reevaluation of limitation issues and procedural adherence in civil matters.

Headnote:(A) Civil Procedure Code - Limitation - The court addressed the limitation issue raised in the trial court, arguing that the answer provided was erroneous. (Paras 2-3)

(B) Service of Notice - The court permitted dasti service and set deadlines for the filing of counter and rejoinder affidavits. (Paras 3-4)

Facts of the case:
The case involves multiple Special Leave Petitions concerning limitation issues and service of notice to respondents.

Findings of Court:
The court ordered the maintenance of status quo and set timelines for the filing of affidavits.

Issues: The main issue was whether the trial court answered the limitation issue correctly.

Ratio Decidendi: The court indicated that the limitation issue requires reevaluation based on the arguments presented.

Result: Notice issued, status quo maintained.

O R D E R

SLP (C) No. 2182/2025

1. Mr. Mukul Rohatgi,learned senior counsel invites our attention to paragraph 7 (page 94) of the Plaint bearing O.S. No. 30/98 titled “Patnam Shakuntala & Anr. Vs. Giridhar Mulji Chavda & Ors.”. 2 In view of the averments made therein, it is argued that Issue No. 6 pertaining to limitation framed by the Trial Court (Page 108) was answered erroneously.

3. Issue notice, returnable on 21.04.2025. Dasti service, in addition, is permitted. Steps for service be taken within two weeks.

4. Mr. Krishna Kumar Singh, learned counsel appears on caveat and accepts notice on behalf of respondent No.5. Service of notice in respect of respondent No.5 is waived of. Let notice be issued to the remaining respondents.

5. Let counter affidavit by the appearing party(s)be filed within two weeks. Rejoinder affidavit, if any, be filed within one week.

SLP(C) No. 2297/2025

1. Issue notice, returnable on 21.04.2025. Dasti service, in addition, is permitted. Let steps for service be taken within two weeks.

2. Mr. Krishna Kumar Singh, learned counsel appears on caveat and accepts notice on behalf of respondent No.4. Service of notice in respect of respondent No.4 is waived of. Let notice be issued to the remaining respondents.

3. Counter affidavit by the appearing party(s)to be filed within two weeks. Rejoinder affidavit, if any, be filed within one week.

SLP(C) No. 2299/2025

1. Issue notice, returnable on 21.04.2025. Dasti service, in addition, is permitted. Steps for service to be taken within two weeks.

2. Mr. Krishna Kumar Singh, learned counsel appears on caveat and accepts notice on behalf of respondent No.5. Service of notice in respect of respondent No.5 is waived of. Let notice be issued to the remaining respondents.

3. Counter affidavit by the appearing party(s)to be filed within two weeks. Rejoinder affidavit, if any, be filed within one week thereafter.

Status quo, as on today, shall be maintained by the parties in all the matters.

(RAJNI MUKHI) (NIDHI MATHUR)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

Click Here to Read the rest of this document

2025 Supreme(Online)(SC) 105932

SUPREME COURT OF INDIAMR. JUSTICE SANJAY KAROL, MR. JUSTICE K.V. VISWANATHAN, JJPATNAM SHAKUTALA VS. R. BABU RAOSLP(C) No. 2182/2025

The court emphasized the need for reevaluation of limitation issues and procedural adherence in civil matters.

SUPREME COURT OF INDIA
MR. JUSTICE SANJAY KAROL, MR. JUSTICE K.V. VISWANATHAN, JJ
PATNAM SHAKUTALA VS. R. BABU RAO
SLP(C) No. 2182/2025