Listed on 27.08.2014 Before Ld. Registrar Court No. 2 Item No. 28

SECTION:XIV

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos. 24131/2012 and 23953/2013

D.D.A. Petitioner

VERSUS

Diwan Chand Anand & Ors. Respondents

OFFICE REPORT

The matters above mentioned were listed before the Court of Ld. Registrar on 06.05.2014, when the Court was pleased to pass the following order:-

"SLP(C)No.24131/2012

The Learned counsel for the petitioner, the learned counsel for the respondent Nos.6, 32 and the learned counsel for the Delhi Administration are present.

The Learned counsel for the appearing respondents seek and are given four weeks' time for filing the counter affidavit. What gets revealed from the perusal of the office report is that the learned counsel for the petitioner has filed a letter stating that respondent nos.2 and 35 are one and the same person and that he is died. The learned counsel for the petitioner is directed to file the proper application for substitution to bring the LR's of the said deceased respondent on record. He is also directed to cure the defects whatever has been found in the application for the substituted service within the period stipulated above, failing which appropriate orders shall follow on the next date.

SLP(C)No. 23953/2013

The Learned counsel for the petitioner and the learned counsel for the respondents are present. The Learned counsel for the appearing respondents seek and is given four weeks' time for filing the counter affidavit.

The learned counsel for the petitioner is directed to file the affidavit in proof of dasti service of notice already issued to the unserved respondent Nos. 1,43,45,47 and 48. The other served respondents shall be at liberty to file the Counter affidavit within the period of six weeks, in case they choose to do so. List again on 27.8.2014."

SLP(C) No.24131/2012

It is submitted that there are 48 respondents in this matter. Service on respondent No.1 has been waived off vide this Court's order dated 22.7.2013. Mr. Pramod Dayal, Advocate has filed vakalatnama/appearance on behalf of respondent No.32 but has not filed Counter Affidavit so far. Ms. Rachana Srivastava, Advocate has filed Vakalatnama/appearance on behalf of Respondent Nos. 45 & 47 and has on 25.06.2014 filed counter affidavit without serving copy on counsel for Respondent No. 32. No one has entered appearance on behalf of Respondent Nos. 2,7 to 9, 10-16, 20,26, 30-31, 33, 36, 38-41 & 44 though served.

It is further submitted that, Respondent Nos. 3, 6, 35, 42 in SLP(C) No.24131/2012 has been served in connected matters SLP(C) No.23953/2013 and thus service deemed as complete on them.

It is also submitted that counsel for the petitioner has filed a letter stating therein that the served respondent Nos.2 & 35 is same and now he is dead and LRs of his may be brought on record in the matter but the same is defective as he has not filed a proper application in this regard.

Service is not complete in respect of Respondent Nos.4,5, 17-19, 21-25, 27-29, 34, 37, 38, 43, 46, 48 in this matter and counsel for the petitioner has filed an application for substituted service in this regard but the same is defective and counsel has been requested to cure the defects vide this Registry's letter dated 31.3.2014.

...3/-

SLP(C) No. 23953/2013

Counsel appearing for Respondent Nos. 45 and 47 has filed Counter Affidavit. Counsel appearing for Respondent Nos. 6 and 32 have not filed Counter Affidavit. Counsel for the Petitioner has not filed Affidavit with proof of Dasti service in respect of Respondent Nos. 4, 5, 17-19, 21-25, 27-29, 34, 38, 43, 46, and 48 so far. Rest of Respondents served but no one has entered appearance so far.

Service is not complete on Respondent Nos. 4, 5, 17-19, 21-25, 27-29, 34, 38, 43, 46, and 48.

The matters above-mentioned are listed before the Court of Ld. Registrar with this Office Report.

DATED THIS, THE 25th DAY OF AUGUST, 2014.

ASSISTANT REGISTRAR

Copy to :

M/s Saharya & Co. Advocates Mr. Pramod Dayal, Advocate Ms.Rachana Srivastava, Advocate

ASSISTANT REGISTRAR

p-2/avi