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Supreme Court - Daily Orders

Metpalli Lasum Bai Since Dead vs Metpalli Muthaiah(D) By Lrs on 9 March, 2015

Bench: Jagdish Singh Khehar, S.A. Bobde

                                                                                           1

               ITEM NO.61                     COURT NO.4                   SECTION XIIA

                                 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).   13770/2014

               (Arising out of impugned final judgment and order dated
               23/01/2014 in AS No. 178/1995 passed by the High Court Of A.P.
               At Hyderabad)

               METPALLI LASUM BAI SINCE DEAD         & ORS                  Petitioner(s)

                                                      VERSUS

               METPALLI MUTHAIAH(D) BY LRS                         Respondent(s)
               (with interim relief and office report)
               WITH
               SLP(C) No. 27207/2014
               (With appln.(s) for substitution and Office Report)

               Date : 09/03/2015 These petitions were called on for hearing
                                 today.

               CORAM :
                         HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                         HON'BLE MR. JUSTICE S.A. BOBDE


               For Petitioner(s)        Mr. Guntur Prabhakar,Adv.(Not present)

                                        Mr. Ram Lal Roy, Adv.
                                        for Mrs. Anjani Aiyagari,AOR(Not present)

               For Respondent(s)        Mr. Ram Lal Roy, Adv.
                                        for Mrs. Anjani Aiyagari,AOR(Not present)

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

I.A. No.9/2015 in SLP(C) No.27207 of 2014 A perusal of the factual position depicted in the interlocutory application reveals, that respondent no.1 has died Signature Not Verified Digitally signed by on 18.1.2015.

Parveen Kumar Chawla

Date: 2015.03.11 17:17:26 IST

Paragraph 2 of the application discloses the Reason: names of the legal heirs of the deceased respondent no.1. It is accordingly prayed, that the legal heirs of deceased respondent 2 no.1 may be impleaded as the legal representatives of respondent no.1 in her place.

In view of the above, the prayer made in interlocutory application no. 9 of 2015 is allowed. The legal heirs of deceased respondent no.1, fully described in paragraph 2 of the application, are ordered to be impleaded as the legal representatives of deceased respondent no.1, subject to all just exceptions.

Learned counsel for the applicant is directed to file amended memo of parties within two weeks from today.

It is also submitted by the learned counsel for the applicant, that the legal representatives of deceased respondent no.1 have already been arrayed as the respondents in the main petition, and as such, fresh service on them may be dispensed with.

Prayer is allowed.

Fresh service on legal representatives of deceased respondent no.1 is dispensed with.

Liberty to file counter affidavit within four weeks from today. List thereafter.

(Parveen Kr. Chawla)                                     (Renu Diwan)
    Court Master                                         Court Master