Mohd. Sahid vs. Raziya Khanam (Died) Thr. Lrs

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 8586 OF 2016

WITH PRAYER FOR INTERIM RELIEF

MOHD. SAHID & ORS. ...PETITIONER(S)

VERSUS

SMT. RAZIYA KHANAM (DEAD) THR. LRS. & ORS. ...RESPONDENT(S)

OFFICE REPORT

The matter above mentioned was listed before the Hon'ble Court on

11.04.2016, when the Court was pleased to pass the following order:

"At the request of the learned counsel for the petitioners, the name of respondent no.2 is ordered to be deleted from the array of respondents, at the risk and responsibility of the petitioners.

Learned counsel for the petitioners states, that the entire factual position depicted in paragraphs 6 and 7 of the impugned order is false and incorrect. Issue notice.

Mr. D.K. Garg, Advocate accepts notice on behalf of all the legal heirs of deceased respondent no.1, and seeks a short adjournment, so as to enable him to file counter affidavit. Counter affidavit be filed within three weeks. List thereafter.

Parties are directed to maintain status quo, as it exists today, in the meantime."

Accordingly, cause title of the SLP has been amended and included in the peper books. Show cause notice was issued to the remaining 5 lrs. Of deceased R.No.1 on 11.05.2016 through Mr. D.K. Garg, Advocate as he had accepted notice on behalf of all the Lrs of deceased Respondent No. 1 but Vakalatnama and Memo of Appearance on behalf of the Lrs Nos. 1/1 to 1/3 and 1/5 has not been filed by him through he has already filed Caveat on behalf of Respondent No. 1/4.

Thereafter The matter was lastly listed before the Court of Ld. Registrar on 04.07.2016, when the following order was passed:

"The respondent No.2 has been deleted from the array of parties by order dated 11.04.2016 of the Hon'ble Court. Mr.D.K.Garg, Ld.counsel accepted notice in respect of the respondent Nos.1(i) to 1(v) before the Hon'ble Court on 11.4.2016, but failed to file vakalatnama and counter affidavit. Viewed thus, the matter shall be processed for listing before the Hon'ble Court for further orders."

It is submitted that Mr. D.K. Garg, Advocate has not filed Vakalatnama and Memo of Apperance on behalf of R.Nos.1/1 to 1/3 & 1/5 and not filed counter affidavit on behalf of all the respondents so far.

The matter above mentioned is listed before the Hon'ble Court with this office report.

Dated this the 24th day of March, 2017.

ASSISTANT REGISTRAR

Copy to: M/s Anuradha & Associates, Advocates Mr. Dinesh Kumar Garg, Advocate s3 ASSISTANT REGISTRAR