Kashinath Sao (Dead) Thr. Lrs vs. Ramesh Sah
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
6 Feb 2015
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Order Text
SECTION XVI
LISTED ON: 03.12.2015
COURT NO.: R1
ITEM NO. : 69
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 5392 OF 2015
(With Prayer for Interim Relief)
KASHINATH SAO & ORS. ...PETITIONERS
VERSUS
RAMESH SAH & ORS. ...RESPONDENTS
OFFICE REPORT
The matter abovementioned was listed before the Ld. Registrar's Court on 11.09.2015 when the Ld. Registrar was pleased to pass the following order:
"Among 49 respondents herein, respondent Nos.1, 10, 13 and 14 have yet to file the counter affidavit. Be filed within four weeks.
Service of respondent Nos.11, 15, 40, 27, 32, 39, 42, 43, 46 and 47 is complete but none has entered appearance.
Notices to respondent Nos.2 to 4, 7, 16, 26, 30, 41 and 45 are received with the postal remarks "does not reside at the given address". Petitioner to provide the fresh address for all the respondents and has also to take the fresh steps to effect service upon the remaining unserved respondents.
With respect to respondent No.49, notice is received with the report "dead". An application to substitute his legal representatives be also filed by the petitioner.
List again on 3.12.2015."
It is submitted that counsel for respondent nos.1,10,13 and 14 has not filed counteraffidavit, so far.
It is further submitted that counsel for the
petitioner has not filed fresh address in respect of respondent nos.24,7,16,26,30,41,45 and has not taken steps for service on unserved respondent nos.24,5,6,7,8,9,12, 16, 17,18,2325,26,30,33,34,36,38,41,45,48, so far.
It is lastly submitted that unserved envelopes have already been received back from respondent nos.19,20,21,22,28,29,31,35,37,44,49 with remarks "Dead" and counsel has filed application for substitution of deceased respondent no.49 only but he has not taken steps to bring on record Lrs. of deceased respondent nos.19,20,21,22,28,29,31,35,37,44, so far.
Service on respondent nos.11,15,27,32,39,40 ,42,43, 46,47 is already complete.
The matter is listed before the Ld. Registrar Court with this Office Report.
Dated this the 1st day of December, 2015.
ASSISTANT REGISTRAR
Copy to: Mr. Akhilesh Kumar Pandey, Advocate Mr. Sarad Kumar Singhania, Advocate
ASSISTANT REGISTRAR
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