Pankaj Khanna vs. Asha Khanna

Listed On: 16.02.2016 Before Court No. Item No.

SECTION:XIV

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 21878 of 2015

PANKAJ KHANNA & ANR. Petitioner

VERSUS

ASHA KHANNA & ORS. Respondents

OFFICE REPORT

The matter above-mentioned was listed before the Hon'ble Court on 24.08.2015, when the Court was pleased to pass the following Order :-

"Learned counsel for the petitioner submits that the High Court was in error in holding that judgment and decree dated 13.02.2009 passed by the Civil Judge, Amritsar in Civil Suit No.295 of 1989 had attained finality. He submits that although the first appeal directed against the judgment of the Trial Court had been dismissed, a second appeal filed against the two judgments and decrees of the courts below was pending before the High Court and continues to pending till date. The Judgment of Civil Judge, had not therefore, attained finality so as to operate res judicata between the parties.

Issue notice."

It is submitted that as directed above, show cause notice to all the 11 Respondents was issued on 09.09.2015 by registered A.D. Mr. Priya Puri, Advocate has on 23.09.2015 filed Vakalatnama on behalf of Respondent Nos. 1 and 3 but has not filed counter-affidavit so far. A.D. Card duly signed has been received in respect of Respondent nos. 2 and 4 but no one has entered appearance so far. Neither A.D. card nor unserved cover has been received in respect of Respondent Nos. 5 to 11 so far.

Service is not complete on Respondent No. 5 to 11 so far.

The matter above-mentioned is listed before the Hon'ble Court with this Office Report.

DATED THIS THE 12th DAY OF FEBRUARY, 2016.

ASSISTANT REGISTRAR

Copy to : Mr. Anuradha Mutatkar, Adv., Ch. No.

ASSISTANT REGISTRAR