C. S. Udayakumar vs. Palaniammal

ITEM NO.23 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XII

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR SH. AVANI PAL SINGH

Petition(s) for Special Leave to Appeal (C) $No(s)$ . 8378/2021

C.S. UDAYAKUMAR & ANR.

Petitioner(s)

VERSUS

PALANIAMMAL & ORS.

Respondent(s)

(FOR ADMISSION and I.R. and IA No.73319/2021-EXEMPTION FROM FILING $0.T.$ )

Date: 01-12-2021 This petition was called on for hearing today.

For Petitioner(s)

Mr. Ravi Raghunath, Adv. Ms. Aakashi Lodha, Adv. Mr. Sanvat Lodha, AOR

For Respondent(s)

Mr. R. Nedumaran, AOR Mr. Raian Narain, AOR Mr. Ivengar Shubharanjani Ananth, AOR

UPON hearing the counsel, the Court made the following O R D E R

Service report in respect of respondent No.1 is awaited from the Trial Court; however, in view of an application being filed by Ld. counsel for respondent Nos.9 to 11 seeking permission to file additional documents alongwith death certificate of respondent No.1, Ld. Counsel for the <pre>%************************************ Reasons in respect of service upon the said respondent.

Respondent Nos.9 to 11 have filed counter affidavit.

Despite grant of final opportunity on the earlier occasion, petitioner has not taken appropriate steps in respect of respondent No.2, who has reportedly died.

Registry to process the matter for listing before the Hon'ble Judge in Chambers for necessary directions.

Respondent Nos.3, 5, 7 and 8 have not filed counter affidavit, despite grant of final opportunity on the earlier occasion. Ld. Counsel for the petitioner submits that they may not be granted any further opportunity, as per rules.

Ld. counsel appearing for respondent Nos.3, 5, 7 and 8 submits that due to prevailing covid situation they have not been able to take steps and one special opportunity may be granted to them, with a conditional order. The prayer is considered and allowed and a special opportunity of two weeks is granted for filing counter affidavit by respondent Nos.3, 5, 7 and 8.

Petitioner has filed an application for substitution alongwith application for condonation of delay thereof in respect of respondent Nos.4 and 6. The same may be processed for listing before the Hon'ble Judge in Chambers for necessary directions.

AVANI PAL SINGH Registrar