Kalavathibai @ Vijayabai (Dead) vs. Mudgal Rao

BEFORE THE HON'BLE JUDGE IN CHAMBERS

SEC.IV-A

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLOCUTARY APPLICATION NO-2 OF 2016 (Application for deletion of Respondent No.3) AND PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 36479 OF 2014 WITH PRAYER FOR INTERIM RELIEF

Vijayabai @ Kalavathibai Petitioner(s)

VERSUS

Mudgal Rao @ Ors Respondent(s)

OFFICE REPORT

The matter above mentioned was listed before the Hon'ble Court on 15.12.2014

alongwith connected matter, when the court was pleased to pass the following Order:

"Permission to file SLP is granted. Issue notice returnable within six weeks. Dasti, in addition, is permitted. Mr. Akshat Shrivastava accepts notice on behalf of respondents. He submits that the petitioner was not a party to the suit and earlier she suppressed the fact that her right was earlier decided. Learned counsel for the respondents is allowed three

weeks' time to file counter affidavit."

Accordingly, show cause notice was issued to Respondent Nos. 3, 5, 7, 8 and 9 on 15.01.2015 through registered A.D. Post, and to Respondent Nos. 1, 2, 4 and 6 through Mr. Akshat Shrivastava, Advocate. Mr. S.N. Bhat, Advocate has on 10.02.2015 filed vakalatnama/Appearance on behalf of Respondent Nos. 5 and 7 and he has also filed counter affidavit. Mr. Akshat Shrivastava, Advocate for Respondent Nos. 1, 2, 4 and 6, has filed counter affidavit for common Respondent Nos. 1, 2, 4 and 6 in connected SLP.

It is submitted that counsel for the petitioner has on 14.02.2015 filed proof of dasti service alongwith proof of acknowledgment stating therein that Respondent no. 8 and 9 has been served and he has also filed affidavit of valuation. The Affidavit of valuation is included in the paperbooks.

Service of notice is not complete on Respondent No. 3 only and Mr. Gurudatta Ankolekar, counsel for petitioner has on 06.05.2016 filed an application for deletion of Respondent No.3 and the same has been registered as I.A. No. 2 of 2016.

The application for deletion for Respondent No. 3 in the matter above mentioned is, therefore, listed before the Hon'ble Judge in Chambers.

Dated this the 24th day of May, 2016.

Copy to:

ASSISTANT REGISTRAR

• 1. Mr. Gurudatta Ankolekar, Adv., 85, L.Ch
• 2. Mr. Akshat Srivastava, Adv., 18.L.Ch
• 3. Mr. S.N. Bhat, Adv., 217, L.Ch

dmk

ASSISTANT REGISTRAR