Yogegowda(D) Tr. Lrs vs. Channegowda (D) Thr. Lrs.
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Order Issued After Hearing
Purpose:
IA
Before:
Hon'ble K.V. Viswanathan
Stage:
SERVICE/COMPLIANCE-BEFORE REGISTRAR(J)
Remarks:
Notice Returnable [D:0,W:4,M:0], Notice on IA [I.A Nos.186062,197654 and 197655/2023]
Listed On:
21 Feb 2024
In:
Chamber
Category:
UNKNOWN
Interlocutory Applications:
186062/2023,197654/2023,197655/2023,
Original Order Copy
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Order Text
ITEM NO.1728 COURT NO.10 SECTION IV-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION Diary No(s). 1730/2023
YOGEGOWDA(D) TR.LRS. Petitioner(s)
Signature Not Verified
VERSUS
CHANNEGOWDA (D) THR.LRS.. Respondent(s)
(IA No. 197655/2023 - APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT; IA No. 186062/2023 - APPLICATION FOR SUBSTITUTION; IA No. 197654/2023 - SETTING ASIDE AN ABATEMENT)
Date : 21-02-2024 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE K.V. VISWANATHAN [IN CHAMBER]
- For Petitioner(s) Mr. D. L. Chidananda, AOR Mr. P. R. Ramasesh, AOR
- Mr. Ankolekar Gurudatta, AOR Mr. Shiv Kumar, Adv.
- Mr. Korada Pramod Kumar, Adv.
- Mr. Amith J, Adv.
- For Respondent(s) Ms. Pooja Dhar, AOR Mr. Rohan Thawani, Adv. Ms. S. Ambica, Adv. Mr. Pratul Pratap Singh, Adv. Ms. Aakriti Vikas, Adv.
- Mr. Ashwin Kumar D.s., Adv. Mr. Ishan Roy Chowdhury, Adv. Ms. Surbhi Mehta, AOR
- Mr. Naresh Kumar, AOR
UPON hearing the counsel the Court made the following O R D E R
Miscellaneous application no. 1730 of 2023 has been filed by the original respondent nos. 2(a), 2(d) and 2(e) in Civil Appeal No. 8047/2022. Digitally signed by VARSHA MENDIRATTA Date: 2024.02.24 11:34:35 IST Reason:
In the said miscellaneous application, the prayer is to recall the judgment dated 01.11.2022 passed in Civil Appeal No. 8047/2022 by this Hon'ble Court.
In the said Miscellaneous Application, on 13.03.2023, notice was issued to the parties in Civil Appeal No. 8047/2022.
It appears that after notice was issued, the applicant has come to know that original appellant no. 1.4 and original respondent nos. 1.2, 2.3 and 3.1 have been since deceased.
An application to bring on record the legal representatives of original appellant no. 1.4 and original respondent nos. 1.2,2.3 and 3.1 have been filed along with an application for condonation of delay and setting aside the abatement.
It is also brought to my notice by Mr.D. L. Chidananda, learned counsel for the applicant that Lrs. of original respondent nos. 1.2 and 3.1 are already on record.
Mr. Ankolekar Gurudatta, learned counsel for the appellant accepts the notice for Lrs. of appellant no. 1.4, namely, Smt.Nadini Byula and Smt. Swarna Chetna. Notice to them is waived.
Let notice be issued to the legal representatives of respondent no.2.3, proposed Lrs., set out in para 4 of the application, at the address mentioned therein.
Issue notice, returnable within four weeks.
Dasti, in addition, is also permitted.
(VARSHA MENDIRATTA) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
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