Ishwara Bhat (Dead) By Lr vs. K. Usman Shafi (Dead) By Lrs

LISTED ON 01.12.2016 BEFORE REGISTRAR COURT NO. 1 ITEM NO. 43

SEC.IV-A

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 24824-27 OF 2015 WITH PRAYER FOR INTERIM RELIEF

-Versus-

ISHWARA BAHT(SINCE DEAD) BY LRS. ...Petitioner(s)

K. USMAN SHAFI AND ORS. ...Respondent(s)

OFFICE REPORT

The matters above mentioned were listed before the Registrar Court on 28.09.2016, when the following order was passed:

''Ld. Counsel for the petitioner to take fresh steps and furnish address of respondent nos. 2,5(3),11(4),11(6),13(2),13(4) within three weeks time. Notices thereafter be issued.

None appears for respondent nos. 3 and 13(5) despite due service.

Fresh address of respondent no.11(7) has already been furnished. Registry to issue notice forthwith.

Registry to submit the status of the remaining respondents in the next office report.

List again on 1.12.2016.''

It is submitted that counsel for the petitioners has on 20.10.2016 filed application for substituted service by way of paper publication in newspaper for effective service upon unserved respondent Nos. 5(3), 5(6), 11(4), 11(6), 11(7), 13(2) and 13(4). However, service upon respondent no. 11(7) is complete as per tracking report of postal authorities. (copy enclosed). The application for substituted service has been registered as IA No. 9-12 of 2016 and paper books are placed with the file.

It is further submitted that Counsel for the Petitioners has neither taken fresh steps nor furnished address of unserved respondent No. 2 so far.

It is again submitted that Counsel for the Petitioners has on 19.11.2016 filed an application for substitution to bring on record the proposed Lrs. of deceased Petitioner No. 2 alongwith Vakalatnama/Memo of appearance on behalf of both the

proposed Lrs. The application is within time but the same is defective for the reason that deceased petitioner no. mentioned in the application is different and para 3 of the application is not correct. Letter has been sent to the counsel for the petitioners for curing the defects in the application.

It is submitted that Respondent No. 1 is represented by M/s Lawyers Kint & Co.Advovate and opportunity to file counter affidavit has been declined vide order dated 8.04.2016.

It is further submitted that Respondent Nos. 3, 4(1), 4(2), 5(1), 5(2), 5(4), 5(5), 6 to 10, 11(1), 11(3), 11(5), 11(8), 12, 13(1), 13(3), 13(5), 13(6) and 13(7) have been served with the notice through regd. AD Post but no appearance is filed so far. Respondent Nos. 11(2) and 11(9) have been served with the notice through Dasti service but no appearance is filed so far.

Service of show cause notice is not complete upon respondent Nos. 2, 5(3), 5(6), 11(4), 11(6), 13(2) and 13(4).

The matters above mentioned are listed before the Registrar Court with this office report.

Dated this the 30th day of November, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. Anuradha Mututakar, Advocate M/s. Lawyers Knit & Co., Advocates

ASSISTANT REGISTRAR

RJ