Jage(Dead) Thr Lrs And Ors Etc Etc vs. Shamlat Pana Brahma & Ors Etc Etc

ITEM NO.1 COURT NO.5 SECTION IV-B

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). 22954/2014

NARESH AND ORS. Petitioner(s)

VERSUS

SHAMLAT PANA BRAHMNAN THROUGHT ITS PROPRIETORS AND ORS & ORS. Respondent(s (Office report on default in SLP nos. 24744/2014 and SLP Nos. 27528-30/2014 are to be listed before the Hon'ble court (in chamber)

WITH

SLP(C) No. 27528-27530/2014 (IV-B) ((FOR APPLICATION FOR SUBSTITUTION ON IA 25-27/2017 IA No. 28-30/2017 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLICATION AND I.A. NOS. 31-33 – APPLICATION FOR SETTING ASIDE ABATEMENT AND I.A. NOS. 34-36 – APPLICATION FOR EXEMPTION FROM FILING DEATH CERTIFICATE)

SLP(C) No. 24744/2014 (IV-B) (OFFICE REPORT ON DEFAULT)

Date : 26-02-2020 These petitions were called on for hearing today.

CORAM :

Reason:

HON'BLE MRS. JUSTICE R. BANUMATHI [IN CHAMBER]

For Petitioner(s) Ms. Preeti Singh, AOR(NP)

Mr. Satpal Singh, AOR(NP)

Mr. Ram Naresh Yadav, AOR(NP)

For Respondent(s) Mr. Rishi Malhotra, AOR

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

I.A. NOS. 13097 OF 2018 & 130966 OF 2018 IN SLP(C) No. 27528- 27530/2014 Digitally signed by MADHU BALA Date: 2020.02.28 16:06:49 IST Signature Not Verified

None appears for the petitioners.

Petitioner No. 5 viz. Kartare who is the petitioner in

SLP(C)No.27528/2014 and common petitioner no. 5 viz. Subhash S/o Jai Narain in SLP(C)Nos. 27529-30/2014 have passed away.

Delay of 230 and 284 days in filing the application to bring on record the L.Rs of deceased petitioner no. 5 in SLP(C)No.27528/2014 and common petitioner no. 5 viz. Subhash S/o Jai Narain in SLP(C)Nos. 27529-30/2014 are condoned. Abatement caused due to the death of petitioner no. 5 is set aside.

Application for substitution to bring on record the L.Rs of deceased Petitioner No.5 in SLP(C)No.27528/2014 and common petitioner no. 5 in SLP(C)Nos. 27529-30/2014 is allowed and L.Rs of deceased petitioner no. 5 are ordered to be brought on record.

SLP(C)No. 24744/2014

As per office report, counsel for the petitioners has not filed spare copies to serve notice upon legal heirs of deceased R.No. 17.

Two weeks' further time is granted to the counsel for the petitioners to file spare copies to enable the Registry to issue notice on legal heirs of deceased respondent no. 17 failing which the Special leave petition shall stand dismissed qua respondent no. 17.

In case, spare copies are filed by the learned counsel for the petitioners within stipulated time and after completion of service upon L.Rs of deceased respondent no. 17, the Registry is directed to list the SLP before the Court forthwith.

(MADHU BALA) (BEENA JOLLY) AR-CUM-PS BRANCH OFFICER