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

Court:Supreme Court of India
Judge:Hon'ble Madan B. Lokur
Case Status:Disposed
Order Date:20 Jan 2017
CNR:SCIN010240422015

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LISTED ON 20.01.2017 BEFORE REGISTRAR COURT NO. 1 ITEM NO. 12

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 01.12.2016, when the following order was passed:

''Opportunity to respondent no.1 to file counter affidavit has already been declined,

Ld. Counsel for the petitioner to take fresh steps to effect service on respondent no.2 within two weeks time as last opportunity. Notice thereafter be issued.

None appears for respondent nos.3,4(1),4(2), 5(1), 5(2),5(4),5(5),6 to 10, 11(1) to 11(3), 11(5),11(7) to 11(9), 12, 13(1),13(3),13(5) to 13(7) despite due service.

Defects in the application for substitution of legal representatives of deceased petitioner no.2 may be cured within two weeks time. Registry thereafter to process under rules.

Application for substituted service of respondent nos. 5(3), 5(6), 11(4), 11(6), 13(2), 13(4) is allowed. Notices accordingly be issued.

Ld. counsel appearing for the petitioner submits that he has already filed an application for deletion of respondent no.2. Registry to verify and if so, process under rules. List again on 20.1.2017.''

It is submitted that counsel for the petitioner has on 16.01.2017 filed affdavit of proof of publication in respect of Respondent Nos. 5(3), 5(6), 11(4), 11(6), 13(2), 13(4).

It is submitted that tracking report of show casue notice to respondent No. 2 from postal authority has been received with remarks "Item delivered to New Delhi G.P.O.(Copy enclosed)

It is further submitted that counsel for the petitioner has not filed any application for deletion of respondent No. 2 so far.

Service of show casue notice in respect of respondent No. 2 is not complete.

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

Dated this the 19th day of January, 2017.

ASSISTANT REGISTRAR

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

ASSISTANT REGISTRAR

RJ

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