K. Lakshmaiah Reddy vs. P. Anitha

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 8670-8672/2023

K. LAKSHMAIAH REDDY Petitioner(s)

VERSUS

P. ANITHA & ORS. Respondent(s)

(IA for substitution of LRs of Deceased Respondent viz K. N. Ravindranath to be listed before Hon'ble Judge in Chamber

IA No. 254483/2023 - APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT

IA No. 254472/2023 - APPLICATION FOR SUBSTITUTION

IA No. 254474/2023 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.

IA No. 254484/2023 - EXEMPTION FROM FILING DEATH CERTIFICATE / CERTIFIED COPY OF DEATH CERTIFICATE

IA No. 254480/2023 - SETTING ASIDE AN ABATEMENT)

WITH

Signature Not Verified

SLP(C) No. 8848/2023 (IV-A)

(FOR APPLICATION FOR SUBSTITUTION ON IA 254477/2023 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 254479/2023 FOR SETTING ASIDE AN ABATEMENT ON IA 254485/2023 FOR APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT ON IA 254487/2023 FOR EXEMPTION FROM FILING DEATH CERTIFICATE / CERTIFIED COPY OF DEATH CERTIFICATE ON IA 254489/2023 IA No. 254487/2023 - APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT IA No. 254477/2023 - APPLICATION FOR SUBSTITUTION IA No. 254479/2023 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. IA No. 254489/2023 - EXEMPTION FROM FILING DEATH CERTIFICATE /

CERTIFIED COPY OF DEATH CERTIFICATE IA No. 254485/2023 - SETTING ASIDE AN ABATEMENT)

Date : 16-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE [IN CHAMBER]

For Petitioner(s) Mr. Ramesh Kumar Mishra, AOR Mr. P Ramprasad, Adv. Mr. Tarun Kumar Thakur, Adv. Mr. Abhay Choudhary M, Adv. Digitally signed by Indu Marwah Date: 2024.02.21 11:38:23 IST Reason:

Mr. Vivek Ram, Adv.

Ms. Anuradha Mutatkar, AOR For Respondent(s) M/S. Shree Chakra Chambers, AOR Mr. G.n. Reddy, Adv. Mr. Pramod Mamidi, Adv. Mr. Jonnala Veera Raghava, Adv. Mr. Saket Gogia, Adv. Ms. Gauri Pande, Adv. Mr. Man Singh, Adv. Ms. Sheetal Maggon, Adv. Mr. Dhawesh Pahuja, AOR M/S. Gururaj & Nayak, AOR Mr. C B Gururaj, Adv. Mr. Animesh Dubey, Adv. Mr. K P Singh, Adv. Mr. Srijan Sinha , AOR

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

SLP (C) Nos. 8670-8672 of 2023

Heard the counsel for the applicant(s).

The Counsel submits that there is a detailed office report submitted to this Court. The counsel further submits that the application has been filed for bringing on record the proposed legal representatives of deceased respondent no. 10 (viz. Mr. K.N. Ravindranath) and the deceased respondent no. 10 is represented through respondent no. 8 (namely Smt. Sharadamma), respondent no. 9 (namely Smt. K.N. Vijaayalakshmi) and respondent No. 11 (namely Mr. K.N. Mohan) respectively. But to keep the record straight, the applications are being filed.

For the reasons stated in the application(s) as also the submissions made by the learned counsel for the applicant, IA Nos. 2544472,254474,254480,254483 of 2023 and application for exemption from filing death certificate (IA No. 254484 of 2023) are allowed.

The learned counsel for respondent no. 9 in SLP (c) No. 8670 of 2023 prays sometime for filing counter affidavit. The counsel further invited my attention to the order dated 18.09.2023. The perusal of the order shows that despite sufficient opportunities have been granted to file counter affidavit,the same was not filed as such further opportunity stands declined as no fruitful purpose would be served to accede to the request for grant of time for filing counter affidavit. The counsel for the applicant further submits that respondent no. 9 has lost the legal fight at the High Court level as the writ petition filed by the respondent no. 9 is dismissed and no independent challenge is raised by respondent no. 9 as such request of the respondent no. 9 is rejected.

Insofar as the respondent nos. 3,11,14 in SLP (C) No. 8670 of 2023 are concerned, the counsel representing the respondent nos. 3,11 and 14 though admits that through order dated 18.09.2023, four weeks' time was granted by the Court as a last opportunity to file counter affidavit but the same could not be filed due to certain difficulties and now the matter is listed before this Court, the counsel prays for two weeks' time as a last opportunity. At the request of the counsel representing respondent nos. 3, 11 and 14, two weeks' time is granted to file counter affidavit as a last opportunity.

SLP (C) No. 8848 of 2023

Heard the counsel for the applicant(s).

The counsel submits that the application has been filed for bringing on record the proposed legal representatives of deceased respondent no. 08 (viz. Mr. K.N. Ravindranath) and the deceased respondent no. 08 is represented through respondent no. 6 (namely Smt. Sharadamma), respondent no. 7 (namely Smt. K.N. Vijaayalakshmi) and respondent No. 9 (namely Mr. K.N. Mohan). But to keep the record straight, the applications are being filed.

For the reasons stated in the application(s) as also the submissions made by the learned counsel for the applicant, IA Nos. 2544477,254479,254485,254487 of 2023 and application for exemption from filing death certificate (IA No. 254489 of 2023) are allowed.

Respondent Nos. 1, 9 and 14 in this matter are the same respondents who are allowed two weeks' time to file the counter affidavit in SLP (c) No. 8670 of 2023. For the reasons assigned therein, they are also given two weeks' time as a last opportunity to file counter affidavit.

(KAPIL TANDON) (RAVINDER KUMAR) COURT MASTER (SH) COURT MASTER (NSH)