K. Sai Baba vs. Kothapalli Kistaiah

Court:Supreme Court of India
Judge:Hon'ble L. Nageswara Rao
Case Status:Disposed
Order Date:6 Feb 2015
CNR:SCIN010260622014

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REGISTRAR COURT NO. 1

LISTED ON: 6-2-2015 ITEM NO. : 73

SECTION XIIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 21990 of 2014. WITH PRAYER FOR INTERIM RELIEF

K. SAI BABA ...Petitioner

-Versus-

KOTHAPALLI KISTAIAH & ORS. ...Respondents

OFFICE REPORT

The matter above-mentioned was mentioned before the Hon'ble Court on 13th August, 2014, when the Hon'ble Court was pleased to pass the following order:

"Issue notice. Dasti, in addition, is permitted. There shall be stay of further proceedings in CCCA No. 68/1994 pending in the High Court of Judicature at Hyderabad for State of Telangana and State of Andhra Pradesh."

Subsequently, the matter above-mentioned was listed before the Ld.

Registrar Court on 8 th December, 2014, when he was pleased to pass the following order:

"Ld. Counsel for respondent Nos. 1 to 4, 5a, 5b, 6a, 6b, 9, 16, 19, 20 and 21 has entered appearance and has sought for time to file counter affidavit. Four weeks' time is granted for the same.

Service is complete on respondent Nos. 28 and 37 but no one has put in appearance.

Service is incomplete upon respondent Nos. 7, 8, 10, 11, 14, 15, 17, 18, 24, 25 and 26. The learned counsel for the petitioner to file proof of dasti service within four weeks.

List again on 6.2.2015."

It is submitted that there are 28 Respondents in the matter. Mrs. Sudha Gupta, Advocate has entered appearance on behalf of respondent nos. 1 to 4, 5a, 5b, 6a, 6b, 9, 16, 19, 20 and 21 but no counter affidavit has been filed on behalf of the said Respondents so far. A.D. cards duly signed have been received from the Respondent Nos. 1, 3, 4, 5a, 5b, 6c, 6d, 12, 13, 22, 23, 24, 27, 28 but none has entered appearance on behalf of the said Respondents. Neither A.D. Card nor unserved cover have been received back from the Lrs. of deceased Respondent Nos. 7 and 8 i.e. Respondent Nos. 11, 14, 15, 17, 18 and Respondent Nos. 10, 11, 14, 15, 17, 18, 25 and 26.

It is further submitted that show cause notice was issued to the Counsel for the Petitioner for effecting dasti service on the Respondents with a request to file an affidavit of service. Counsel for the petitioner has on 9 th October, 2014 filed the affidavit of service alongwith proof of service on behalf of respondent nos. 1, 20, 27 and 28.

It is also submitted that show cause notice was again issued on 5 th February, 2015 to the Counsel for the Petitioner for effecting dasti service on the Respondents with a request to file an affidavit of service alongwith proof of service on behalf of respondent nos. 7, 8, 10, 11, 14, 15, 17, 18, 25 and 26 vide Ld. Registrar's Order dated 4th February, 2015

Service is awaited.

The aforesaid matter is listed before the Ld. Registrar Court with this office report.

Dated this, the 5th day of February, 2015.

ASSISTANT REGISTRAR

Copy to :-

    1. M/s. Lawyer's Knit & Co., Advocates
  • 20, Old Lawyers Chambers
    1. Ms. Sudha Gupta, Advocate 127 Lawyers Chambers ASSISTANT REGISTRAR

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