A Krishnamurthy (Died) Through Lrs vs. V. Dhanasekaran

ITEM NO.1736 COURT NO.9 SECTION XII

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

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Petition(s) for Special Leave to Appeal(C) No(s). 23637-23638/2023

A KRISHNAMURTHY (DIED) THROUGH LRS Petitioner(s)

VERSUS

V. DHANASEKARAN & ORS. Respondent(s)

Date : 21-04-2025 These petitions were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE PRASANNA B. VARALE [IN CHAMBER]

For Petitioner(s) :

Ms. Deepika Nandakumar, Adv.

For Respondent(s) :

Ms. Ekta Choudhary, AOR Mr. Anand Krishna, Adv.

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

1. The learned counsel appearing for the petitioner submits that as the respondent nos. 1 to 4, 6 to 9 and 11 to 19, were not served, the petitioner served these unserved respondents by way of paper publication and admittedly, neither prior permission from this Court was taken nor it was specifically directed by this Court to serve the unserved respondents through paper publication.

2. She further submits that the petitioner was informed by the learned counsel that for effecting service by way of paper publication, necessary application will have to be moved before the Court but,

before this communication had reached the petitioner, the petitioner had already taken steps for effecting service on the unserved respondents through paper publication.

3. The learned counsel further submits that this act of the petitioner was an inadvertent act, but only with a bonafide intention so as to serve the unserved respondents. She further submits that the petitioner has assured the counsel that henceforth, the petitioner will not take any steps unless the counsel advises him to do so.

4. As per the office report, service of notice on respondent nos.1 to 4, 6 to 9 and 11 is complete.

5. Considering the submissions of the learned counsel appearing for the petitioner, and accepting the assurance of the petitioner as an undertaking to this Court, in case the petitions are complete and no other defects persists, let the petitions be listed before the Court for further orders.

(NISHA KHULBEY) (MAMTA RANI) SENIOR PERSONAL ASSISTANT COURT MASTER(NSH)