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MARASANDRA MUNIYAPPA v. SRI VEERANNA

Supreme Court of India | Diary 10112/2013

Status

ROP - of Main Case

Decided On

07-01-2015

Bench

Petitioner

MARASANDRA MUNIYAPPA

Respondent

SRI VEERANNA

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Full Judgment Text

ITEM NO.54 COURT NO.1 SECTION IVA 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). 17167/2013 (Arising out of impugned final judgment and order dated 11/10/2012 in WP No. 2605/2012 passed by the High Court Of Karnataka at Bangalore) MARASANDRA MUNIYAPPA Petitioner(s) VERSUS SRI VEERANNA & ORS Respondent(s) Date : 07/01/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr.S.K.Dubey, Sr.Adv. Mr.Anand Sanjay M.Nuli, Adv. Mr. B. Subrahmanya Prasad,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. Mr. V. N. Raghupathy,Adv. UPON hearing the counsel the Court made the following O R D E R Dismissed. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar

LISTING ON 07.01.2015 COURT NO. 1 ITEM NO. 54 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 17167 OF 2013 WITH PRAYER FOR INTERIM RELIEF WITH INTERLOCUTORY APPLICATION NO. 2 (Application for exemption from filing official translation) Marasandra Muniyappa ...Petitioner -Versus- Sri Veeranna & Ors. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 15.09.2014 with an Office Report dated 12.09.2014, when the Court was pleased to pass the following Order: “ Four weeks' time is granted to learned counsel for respondent no. 1-4. Rejoinder affidavit, if any, be filed within four weeks thereafter. List thereafter. ” It is submitted to the Hon'ble Court that Counsel for the Petitioner has on 31.10.2014 filed rejoinder affidavit with the leave of the Hon'ble Court and the same has been included in the Paper Books. It is further submitted that Mr. S.N. Bhat, Advocate has on 01.11.2014 filed counter affidavit on behalf of Respondent Nos. 1 to 4 with application for exemption from filing official translation. The counter affidavit is delayed by 16 days and the same has also been included in the Paper Books. The matter above mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 6 th day of January, 2015. ASSISTANT REGISTRAR Copy to: Mr. B.S. Prasad, Advocate Mr. S.N. Bhat, Advocate Mr. V.N. Raghupathy, Advocate ASSISTANT REGISTRAR -kzd

¨ ITEM NO.54 COURT NO.1 SECTION IVA 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). 17167/2013 (Arising out of impugned final judgment and order dated 11/10/2012 in WP No. 2605/2012 passed by the High Court Of Karnataka at Bangalore) MARASANDRA MUNIYAPPA Petitioner(s) VERSUS SRI VEERANNA & ORS Respondent(s) Date : 07/01/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr.S.K.Dubey, Sr.Adv. Mr.Anand Sanjay M.Nuli, Adv. Mr. B. Subrahmanya Prasad,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. Mr. V. N. Raghupathy,Adv. UPON hearing the counsel the Court made the following O R D E R Dismissed. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.RegistrarSignature Not VerifiedDigitally signed byRamana Venkata GantiDate: 2015.01.0816:33:11 ISTReason:

ITEM NO.38 COURT NO.9 SECTION IVA 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). 17167/2013 (Arising out of impugned final judgment and order dated 11/10/2012 in WP No. 2605/2012 passed by the High Court Of Karnataka At Bangalore) MARASANDRA MUNIYAPPA Petitioner(s) VERSUS SRI VEERANNA & ORS Respondent(s) Date : 15/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. S.K. Dubey, Sr. Adv. Mr. Anand Sanjay M. Nuli, Adv. Mr. Lave Kumar sharma, Adv. M/s. Nuli & Nuli Mr. B. Subrahmanya Prasad,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. Mr. V. N. Raghupathy,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to learned counsel for respondent no. 1-4. Rejoinder affidavit, if any, be filed within four weeks thereafter. List thereafter. (DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTER

LISTING ON 15.09.2014 COURT NO. 9 ITEM NO. 38 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 17167 OF 2013 WITH PRAYER FOR INTERIM RELIEF Marasandra Muniyappa ...Petitioner -Versus- Sri Veeranna & Ors. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 29.04.2013, when the Court was pleased to pass the following Order: “ Delay condoned. Application seeking exemption from filing official translation. Issue notice. ” Accordingly, show cause notice was issued to all the (13) respondents on 13.06.2013 through Regd. A.D. Post. M/s. S.N. Bhat and V.N. Raghupathy, Advocates have put in appearance on behalf of Respondent Nos. 1-4 and 5-13 respectively. Mr. V.N. Raghupathy, Advocate has also filed Counter Affidavit and the same has already been included in the Paper Books. Service of show cause notice is complete. Thereafter, the matter above mentioned was lastly listed before the Court of Ld. Registrar on 01.05.2014 with an Office Report dated 30.04.2014, when he was pleased to pass the following Order: “ Ld. counsel for the petitioner and the learned counsel for the respondent Nos.1-4 are present. Ld. counsel representing the State of Karnataka has already filed the counter affidavit. What gets revealed from the perusal of the office report is that although by order dated 3.02.14 of this Court, last opportunity was given to all the

-2- respondents for filing the counter affidavit, yet they have not done the needful so far. Therefore, no further opportunity is warranted to be given to them on that count taking into consideration the rule position. Viewed in that context, the matter shall be processed for listing before the Hon'ble Court under the rules. ” In view of the above said order, the matter is listed before the Hon'ble Court with this Office Report. Dated this the 12 th day of September, 2014. ASSISTANT REGISTRAR Copy to: Mr. B.S. Prasad, Advocate Mr. S.N. Bhat, Advocate Mr. V.N. Raghupathy, Advocate ASSISTANT REGISTRAR -kzd

\210 ITEM NO.38 COURT NO.9 SECTION IVA 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). 17167/2013 (Arising out of impugned final judgment and order dated 11/10/2012 in WP No. 2605/2012 passed by the High Court Of Karnataka At Bangalore) MARASANDRA MUNIYAPPA Petitioner(s) VERSUS SRI VEERANNA & ORS Respondent(s) Date : 15/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. S.K. Dubey, Sr. Adv. Mr. Anand Sanjay M. Nuli, Adv. Mr. Lave Kumar sharma, Adv. M/s. Nuli & Nuli Mr. B. Subrahmanya Prasad,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. Mr. V. N. Raghupathy,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to learned counsel for respondent no. 1-4. Rejoinder affidavit, if any, be filed within four weeks thereafter. List thereafter. (DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byDeepak MansukhaniDate: 2014.09.1517:32:18 ISTReason:

"ITEM NO.40 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.K. HANJURAPetition(s) for Special Leave to Appeal (Civil) No(s).17167/2013MARASANDRA MUNIYAPPA Petitioner(s) VERSUSSRI VEERANNA & ORS Respondent(s)Date: 01/05/2014 This Petition was called on for hearing today.For Petitioner(s) Mr.L.K.Sharma,adv. Mr. B. Subrahmanya Prasad,Adv.For Respondent(s) Mr. S.N. Bhat,Adv. Mr. V.N. Raghupathy ,Adv UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner and the learned counsel for the respondent Nos.1-4 are present. Ld.counsel representing the State of Karnataka has already filed the counter affidavit. What gets revealed from the perusal of the office report is that although by order dated 3.02.14 of this Court, last opportunity was given to all the respondents for filing the counter affidavit, yet they have not done the needful so far. Therefore, no further opportunity is warranted to be given to them on that count taking into consideration the rule position. .........2 ITEM NO.40 -2- Viewed in that context, the matter shall be processed for listing before the Hon'ble Court under the rules. (M.K.HANJURA) RegistrarSB

\216ITEM NO.69 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).17167/2013MARASANDRA MUNIYAPPA Petitioner(s) VERSUSSRI VEERANNA & ORS Respondent(s)Date: 03/02/2014 This Petition was called on for hearing today.For Petitioner(s) Mr. Anand Sanjay M. Nuli,Adv. Mr. Lave Kumar Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv.For Respondent(s) Mr. S.N. Bhat,Adv. Mr. V.N. Raghupathy ,Adv UPON hearing counsel the Court made the following O R D E R All the respondents are granted last opportunity for filing Counter Affidavit. List the matter on 1.5.2014. | | |(SUNIL THOMAS) ||mg | |Registrar |

ÚITEM NO.88 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).17167/2013MARASANDRA MUNIYAPPA Petitioner(s) VERSUSSRI VEERANNA & ORS Respondent(s)Date: 24/10/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. B. Subrahmanya Prasad,Adv.For Respondent(s) Mr. S.N. Bhat,Adv. Mr. Lagnesh Mishra,Adv. Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R All the respondents are granted time for filing counter affidavit. List the matter on 13.12.2013.| | |(SUNIL THOMAS) ||mg | |Registrar |

ÀITEM NO.37 COURT NO.7 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 9215/2013(From the judgment and order dated 11/10/2012 in WP No. 2605/2012 of TheHIGH COURT OF KARNATAKA AT BANGALORE)MARASANDRA MUNIYAPPA Petitioner(s) VERSUSSRI VEERANNA & ORS Respondent(s)With IA No. 1 (Condonation of delay in filing SLP)Date: 29/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE A.K SIKRIFor Petitioner(s) Mr. S.K. Dubey, Sr. Adv. Mr. Anand Sanjay M. Nule, Adv. Mr. Manish Gupta, Adv. Mr. L. Kumar Sharma, Adv. Mr. B. Subrahmanya Prasad, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R| ||Delay condoned. ||Application seeking exemption from filing official translation. ||Issue notice. || ||[KALYANI GUPTA] | |[USHA SHARMA] ||COURT MASTER | |COURT MASTER |

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