Sharadamani vs. D. V. Kamalakannan

Court:Supreme Court of India
Judge:Hon'ble Kurian Joseph
Case Status:Disposed
Order Date:5 Jul 2016
CNR:SCIN010410732015

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Order Issued After Hearing

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Case Registered

Listed On:

17 Dec 2015

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Order Text

IN THE SUPREME COURT OF INDIA LISTED ON : 05.07.2016 CIVIL ORIGINAL JURISDICTION COURT NO :

SECTION XVIA ITEM No. :

TRANSFER PETITION (CIVIL) NOS. 1226 AND 1984 OF 2015 WITH INTERLOCUTORY APPLICATION NO. 1 OF 2015 (Application for ExParte stay)

SHARADAMANI .....Petitioner

VERSUS

D. V. KAMALAKKANNAN .....Respondent

OFFICE REPORT

TP(C) NO. 1226 OF 2015

The Transfer Petition above mentioned was listed before the Hon'ble Court on 21st August, 2015 when the Court was pleased to pass the following Order:

"Issue notice returnable within four weeks. In the meantime, there shall be stay of further proceedings in H.M.O.P. Petition No. 1411 of 2014 titled as "D.V.Kamalakannan vs. Sharadamani" pending before the Family Court of Coimbatore at Coimbatore, Tamil Nadu."

Accordingly, notice was issued to the sole respondent through Registered A.D. Post on

15th October, 2015.

It is submitted that Mrs. N. Shoba, Advocate has on 27th April, 2016 filed Vakalatnama and Memo of appearance on behalf of sole respondent.

Service of show cause notice is complete.

TP(C) NO. 1984 OF 2015

The Transfer Petition above mentioned was listed before the Hon'ble Court on 5 th January, 2016 when the Court was pleased to pass the following Order:

"Issue notice. In the meanwhile, there shall be Stay of further proceedings in HMOP No.647 of 2015 titled D.V. Kamalakannan v. Sharadamani, pending before the Family Court, Coimbatore, Tamil Nadu, during the pendency of this petition. Tag with TP(C) No.1226 of 2015."

Accordingly, notice was issued to sole respondent through Registered A.D. Post on 15th February, 2016.

It is submitted that unserved cover containing the notice has been received back from the sole respondent with postal remarks "Insufficient address."

Thereafter the matters above mentioned were listed before the Ld. Registrar's Court on 4th May, 2016, when he was pleased to pass the following Order:

"Transfer Petition (C)No.1226/2015

Await the return of the service of notice already issued to the sole respondent.

Transfer Petition (C)No. 1984/2015

Ld.counsel for the petitioner shall within a period of four weeks file the fresh particulars of the sole respondent and he shall also take fresh steps for the service of notice to him within the same period.

List the matter again on 27.07.2016."

It is submitted that Counsel for petitioner has not filed fresh particulars of the sole respondent nor taken fresh steps for the service of notice to him so far.

It is further submitted that respondent in both the matters are common, who is represented by Ms. N. Shobha, Advocate. Hence, service may be treated as complete in both the matters.

The matters above mentioned are listed before the Hon'ble Court with this Office Report.

Dated this the 4th Day of July, 2016.

ASSISTANT REGISTRAR

Copy to :

    1. Mr. Sanjeev Kumar, Advocate
    1. Mrs. N. Shobha, Advocate

ASSISTANT REGISTRAR

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