K. G. Sasidharan vs. The State Of Kerala Higher Education Department Secretary
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
4 Dec 2012
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Order Text
SECTION XIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 8716 AND 8717 OF 2012.
Sasikala Devi P ...Appellant
Versus
State of Kerala & Anr. ...Respondents
OFFICE REPORT
These are appeals by Special Leave filed against the Judgments and Orders dated 23.6.2010 and 30.11.2012 of the High Court of Kerala at Ernakulam in W.A No. 1904 of 2008 and W.A. No. 1975 of 20087 respectively.
CIVIL APPEAL No. 8716 OF 2012.
It is submitted for the information of the Hon'ble Court that counsel for the appellant has filed statement of case but counsel for the Respondent No. 1 has not filed the same so far.
Service of notice of lodgment of petition of appeal is complete.
Original Record has been received from the High Court.
It is further submitted that proviso Rule 32(2) of Order XIX of SCR 2013 (amendment) read as Rule 32(2), "Provided that where a respondent, who has entered appearance, does not file a statement of case within the time, as provided in subrule (1), it shall be presumed that the respondent does not desire to lodge statement of case in the appeal."
CIVIL APPEAL No. 8717 OF 2012.
It is submitted for the information of the Hon'ble Court that counsel for the both the parties have not filed statement of case.
Service of notice of lodgment of petition of appeal is complete.
Original Record has been received from the High Court.
It is submitted that Counsel for the appellant and for appearing Respondents have not filed statement of case so far and as per proviso Rule 32(2) of Order XIX of new SCR 2013 read as , "if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case, and does not desire to file any further statement of case". "Provided that where a respondent, who has entered appearance, does not file a statement of case within the time, as provided in subrule (1), it shall be presumed that the respondent does not desire to lodge statement of case in the appeal."
The matters above mentioned are listed before the Ld. Registrar for prefinal hearing under order V Rule (1) (30) SCR 2013.
Dated this the 3rd day of November, 2014.
ASSISTANT REGISTRAR
Copy to : Mr. A. Raghunath, Adv. g1