Kesari vs. Mallikarjunayya (Since Deceased) Rep. By His Lrs

ITEM NO.1711

COURT NO.10

SECTION IV-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 16249/2021

KESARI

Petitioner(s)

VERSUS

MALLIKARJUNAYYA (SINCE DECEASED) REP. BY HIS LRS. & ORS. Respondent $(s)$ (I.A No.234342/2023- Application for deletion) Date: 08-12-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MANOJ MISRA [IN CHAMBERS]

For Petitioner(s) M/S. S-legal Associates, AOR Mr. Sharanagouda Patil, Adv. Mrs. Supreeta Patil, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following $0 R D E R$

As per the office report dated 16.11.2023, the petitioner has not filed application for effecting service on the unserved respondent Nos.5 to 7, 12 to 14 and 18 to 19 through substituted mode of service.

The learned counsel for the petitioner prays for and is allowed two weeks' time to take steps to serve the aforesaid ature Not Verified <pre>center with the components through substituted mode of service.</pre>

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I.A No.234342/2023

By this application the petitioner seeks deletion of respondent No.20 from the array of parties on the ground that the respondent No.20 has died and the legal heirs and representatives of respondent No.20 are not contesting the case. It is also submitted by the learned counsel for the petitioner that the matter arises out of a suit for partition whereas the respondent No.20 was a mere tenant and therefore the right to pursue the proceeding against his legal heirs does not survive consequent to his death.

In view of the above, learned counsel for the petitioner is permitted to delete the respondent No. 20 from the array of the parties. The amended memo of parties shall be filed within four weeks.

(RASHMI DHYANI PANT) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH)