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Supreme Court - Daily Orders

M.S. Ananthamurthy vs J. Manjula Etc.Etc. on 6 October, 2023

Author: Sanjay Kumar

Bench: Sanjay Kumar

     ITEM NO.1707                              COURT NO.16                     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).13618-13619/2020

     M.S. ANANTHAMURTHY & ANR.                                              Petitioner(s)

                                                     VERSUS

     J. MANJULA ETC.ETC.                                                    Respondent(s)

     (I.A. for substitution to bring on record lrs. of deceased
     respondent no . 3 & 8 is to be listed)

     (IA No. 114620/2022 - APPLICATION FOR SUBSTITUTION, IA No.
     114621/2022 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.
     AND IA No. 114622/2022 - SETTING ASIDE AN ABATEMENT)

     Date : 06-10-2023 This matter was called on for hearing today.

     CORAM :               HON'BLE MR. JUSTICE SANJAY KUMAR
                                        [IN CHAMBER]

     For Petitioner(s)                 Mr. Radhakrishna S. Hegde, Adv.
                                       Ms. Farhat Jahan Rehmani, AOR

     For Respondent(s)                 Mr. Mahesh Thakur, AOR
                                       Mrs. Geetanjali Bedi, Adv.
                                       Mr. Bishwendra N Singh, Adv.
                                       Mr. Mustafa Sajad, Adv.
                                       Mr. Shivamm Sharrma, Adv.
                                       Ms. Keerti Jaya, Adv.

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

I.A. Nos.114620, 114621 and 114622 of 2022 Office Report dated 05.09.2023 reflects that the death certificates of respondent Nos.3 and 8 have not been filed till date. However, Mr. Radhakrishna S. Hegde, learned counsel, appearing for the petitioners would point out Signature Not Verified that the sons of deceased respondent No.8 are already on Digitally signed by Neetu Khajuria Date: 2023.10.11 18:10:46 IST Reason: record as respondent Nos.9 and 10. In that view of the 1 matter, there would be no abatement of the case insofar as deceased respondent No.8 is concerned. However, an application has been instituted to bring on record the legal representatives of deceased respondent No.8. Insofar as deceased respondent No.3 is concerned, applications are filed for setting aside the abatement caused due to the failure to take timely measures; to condone the delay in that regard; and to bring the LRs on record.

Issue notice to the proposed LRs of deceased respondent No.3 as well as deceased respondent No.8, returnable in four weeks.

Insofar as service of notice on the LRs of deceased respondent No.8 is concerned, such service may be effected on the learned counsel appearing for respondent Nos.9 and 10, if any.

  (RAVI ARORA)                                                     (RENU BALA GAMBHIR)
COURT MASTER (SH)                                                   COURT MASTER (NSH)




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