Vivekananda Pai vs. Rama Naika (Dead Through Lrs)

COURT NO.13

SECTION XIA

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) $No(s)$ . 16624/2012

(Arising out of impugned final judgment and order dated 15/12/2011 in CRP No. 686/2002 passed by the High Court of Kerala at Ernakulam)

VIVEKANANDA PAI & ORS.

Petitioner(s)

VERSUS

RAMA NAIKA (DEAD) & ORS. $Respondent(s)$ (Office report on default) Date : $22/02/2016$ This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT [IN CHAMBERS]

For Petitioner(s) Mr. A. Raghunath, Adv.

For Respondent(s) Mr. Ravi Panwar, Adv. Mr. S. N. Bhat, Adv.

UPON hearing the counsel the Court made the following ORDER

I.A. No.2 and $3$

The learned counsel for the petitioners submits that respondent No.1 had died on 7.8.2009 while the Civil Revision Petition was pending in the High court. He further submits that the factum of the death was never brought to the notice of the petitioners.

In the circumstances, the delay in preferring the application to bring on record the LRs. of deceased respondent No.1 is condoned. The abatement, if any, stands set aside. The names of the proposed LRs. of deceased respondent No.1 be substituted in place of deceased respondent No.1.

Amended cause title be filed within two weeks from Not Verified $\sqrt{x}$ today.

Registry to act accordingly.

(SWETA DHYANI) SR.P.A.

(INDU POKHRIYAL) COURT MASTER