Jage(Dead) Thr Lrs And Ors Etc Etc vs. Shamlat Pana Brahma & Ors Etc Etc
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SECTION IVB
IN THE SUPREME COURT OF INDIA Item No. 27 CIVIL APPELLATE JURISDICTION
PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS. 24744 AND 28314 OF 2014.
WITH PRAYER FOR INTERIM RELIEF
Dharambir Etc. Petitioner(s)
Versus
Shamlat Pana Brahmnan & Ors. Ect. Respondent(s)
OFFICE REPORT
The matters above mentioned were listed before the Ld. Registrar's Court on 25.07.2016, when the following Order was passed:
"SLP(C) No. 24744/2014
The office report indicates that the learned counsel for the petitioner has filed an application for substitution to bring on record the Lrs. of the deceased respondent No. 17 which is defective. The learned counsel shall within a period of four weeks, as last chance rectify the defects whatever have been found in the said application.
SLP(C) No. 28314/2014
The office report indicates that the learned counsel for the petitioner has filed an application for substitution to bring on record the Lrs. of the deceased respondent Nos. 10 and 16 which is defective. The learned counsel shall within a period of four weeks, as last chance rectify the defects whatever have been found in the said application.
List again on 5.9.2016."
SLP (C) NO. 24744/2014
It is submitted that Mr. Satpal Singh, Advocate has on 17.08.2016 filed Vakalatnama & Memo of Appearance on behalf of the petitioner after taking 'No Objection' from earlier Advocate.
It is further submitted that Counsel for the petitioner has on 01.09.2016 filed application for
setting aside abatement which is defective as the prayer of application is not correct and he has not filed application for condonation of delay in filing substitution of deceased Respondent No. 17.
No one has entered appearance on behalf of served Respondent Nos. 1 to 16 and 1824 so far.
Service of show cause notice is not complete in respect of Respondent No. 17.
SLP (C) NO. 28314/2014
It is submitted that Counsel for the petitioner has 02.09.2016 filed copy of death certificate of Respondent No. 10 and age of LRs of deceased Respondent No. 10 but he has not provided date of death/ Death Certificate of Respondent No. 16. In this regard, he has stated that record of death/Death Certificate is not available in the concerned authority. The LR of deceased Respondent No. 16 i.e. adopted son has also died. Counsel for the petitioner has enclosed a letter of Sarpanch of Village and provided the names of LRs of deceased Respondent No. 16. He has also filed application for condonation of delay in filing substitution but he has not filed application for setting aside abatement.
It is further submitted that there are 18 respondents in the matter. Mr. Rakesh K. Sharma, Counsel for Respondent Nos. 1 to 9 has not filed Counter Affidavit so far. No one has entered appearance on behalf of served Respondent Nos. 11, 12, 13, 14, 15, 17 to 18 so far.
Service of show cause notice is not complete in respect of Respondent Nos. 10 & 16.
The matters are listed before the Ld. Registrar's Court with this office report.
Dated this the 3rd day of September, 2016.
ASSISTANT REGISTRAR
Copy to : Mr. Satpal Singh, Adv. Mr. Rakesh K. Sharma,Adv.
ASSISTANT REGISTRAR
Haokip