K. L. Shivananja Murthy Since Dead By Lrs. /Smt. Ks. Nagalakshmi vs. K. R. Rajamma (Since Dead) Thr. Her Lrs. /Mrs. Sarvamangalaa

LISTING ON 11.01.2016 COURT NO. 7 ITEM NO. 10

SEC.IVA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 21299 OF 2015 WITH PRAYER FOR INTERIM RELIEF

AND

INTERLOCUTORY APPLICATION NO.

(Application for bringing the Lrs. of deceased respondent Nos.22)

K. L. Shivananja Murthy Since Dead By Lrs. ...Petitioners Versus-K. R. Rajamma (Since Dead)

Thr. Her Lrs. And Ors. ...Respondents

OFFICE REPORT

The matter above mentioned was listed before the Hon'ble Court on 10.08.2015 with an office report dated 08.08.2015, when the Court was pleased to pass the following Order:

"As per the request made in the letter circulated by the learned counsel appearing for the petitioner for adjournment of the matter for completing the service on unserved Respondents, the matter is adjourned.

List after four weeks.

In the meanwhile, service be complete. Dasti, as prayed for is also permitted."

Accordingly, show cause notice was issued to all the unserved respondent No. 16, 17, 18 & 23 through Regd. A.D. post and Dasti in addition also issued to the counsel for the petitioner for effecting service on respondents. Mr. Balaji Srinivasan, Advocate has put in appearance on behalf of respondent Nos. 16, 17 & 18 but no counter affidavit filed. In respect of usual service neither A.D. card nor unserved cover containing the notice has been received back from respondent No. 23 and in respect of dasti notice counsel for the petitioners has not filed an affidavit of dasti service, so far.

It is further submitted that two application for bringing the Lrs. of deceased respondent No. 22 filed by the counsel for the petitioner and respondents. But the same is defective for the following reasons:

Application filed by the counsel for the respondent is defective.

• (i) No other Lrs. is mentioned in the application
• (ii application for condoantion of delay in filing the said application is not filed which is barred by time by 27 days.
• (ii) No vakalatanama/appearance filed by the counsel for the respondent on behalf of the proposed Lrs.

Application filed by the counsel for the petitioner is defective for the following reasons"

• (i) Death certificate not filed.
• (ii) No other Lrs. mentioned in the application
• (iii) Name of the proposed Lrs. are different with each other application.

It is lastly submitted that counsel for the petitioner has also filed a letter requesting therein for withdrawal of defective application(Copy enclosed). As the matter is on board the Copies of the unregistered application are being circulated with this office report.

Service of show cause notice is not complete on respondent No. 23.

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

Dated this the 8th day of January, 2016.

ASSISTANT REGISTRAR

Copy to: Mrs. Sudha Gupta, Advocate Mr. Balaji Srinivasan, Advocate

ASSISTANT REGISTRAR

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