Jayamma vs. Ammanamma

ITEM NO.1713 COURT NO.15 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).4286/2023

JAYAMMA Petitioner(s)

VERSUS

AMMANAMMA & ORS. Respondent(s)

(IA No. 167880/2023 - APPLICATION FOR ABATEMENT, IA No. 168060/2023 - APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT, IA No. 167879/2023 - APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT, IA No. 168055/2023 - APPLICATION FOR SUBSTITUTION, IA No. 167878/2023 - APPLICATION FOR SUBSTITUTION AND IA No. 168058/2023 - SETTING ASIDE AN ABATEMENT)

Date : 15-09-2023 This matter was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE UJJAL BHUYAN [IN CHAMBER]
• For Petitioner(s) Mr. Ishan Roy Chowdhury, Adv. Ms. Surbhi Mehta, AOR
• For Respondent(s) M/S. Nuli & Nuli, AOR Mr. Anand Sanjay M Nuli, Adv. Mr. Dharam Singh, Adv. Mr. Nanda Kumar K B, Adv. Mr. Shiva Swaroop, Adv.

UPON hearing the counsel the Court made the following O R D E R

I.A. Nos.167878, 167879 and 167880 of 2023

Heard learned counsel for the parties.

The above applications have been filed for substitution of deceased respondent No. 2, who expired on 25.01.2020, by bringing on record his LRs.

The related applications have been filed for setting aside the abatement and for condoning the delay of 449 days in filing the application for substitution.

Learned counsel for the respondent No.1 has no objection to the prayer made.

After hearing learned counsel for the parties and on due consideration, prayer made is allowed.

Let the substitution be carried out. The abatement is set aside by condoning the delay.

I.A. Nos.168055, 168058 and 168060 of 2023

Heard learned counsel for the parties.

The above applications have been filed for substitution of deceased respondent No.12, who expired on 24.03.2018, by bringing on record his LRs. The related applications have been filed for setting aside the abatement and for condoning the delay of 1172 days in filing the application for substitution.

Learned counsel for the respondent No.1 has no objection to the prayer made.

After hearing learned counsel for the parties and on due consideration, prayer made is allowed. Let the substitution be carried out. The abatement is set aside by condoning the delay.

The delay of 87 days in taking fresh steps upon unserved respondent Nos. 3 to 6 and 10 is condoned.

Petitioner to take steps to bring on record the LRs of deceased respondent Nos. 9, 11 and 14 within four weeks.

(RAVI ARORA) (RAVINDER KUMAR) COURT MASTER (SH) COURT MASTER (NSH)

2