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KOKKILIGADDA NAGA POTHARAJU VARMA v. KOKKILIGADDA LEELAVATHI .

Supreme Court of India | Diary 10155/2010

Status

ROP - of Main Case

Decided On

18-02-2016

Bench

Petitioner

KOKKILIGADDA NAGA POTHARAJU VARMA

Respondent

KOKKILIGADDA LEELAVATHI .

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A............ I.A............ I.A............ IN CIVIL APPEAL NO(S).3866 OF 2010 KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUS KOKKILIGADDA LEELAVATHI & ORS. Respondent(s) O R D E R Delay condoned. Application for substitution of legal representatives of the deceased respondent no. 11(i) is allowed. Application for amendment of cause title by correcting the name of respondent no. 9 is allowed. It is submitted that compromise has been reached between the parties and an application to record the

2 compromise memo and dispose of the appeal is filed. In view of the compromise reached between the parties and the prayer has been for disposing of the appeal, the civil appeal, accordingly stands disposed of. Pending applications, if any, stand(s) disposed of. ................J. (ARUN MISHRA) NEW DELHI, FEBRUARY 18, 2016

3 ITEM NO.9 COURT NO.8 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A... , I.A....., I.A.....in Civil Appeal No(s). 3866/2010 KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUS KOKKILIGADDA LEELAVATHI & ORS. Respondent(s) (for substitution of l.rs of the deceased respondent c/delay in filing substitution appln. and amendment of cause title and office report) Date : 18/02/2016 These applications were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA [IN CHAMBER] For Appellant(s) Mr. A. Subba Rao,Adv. For Respondent(s) Mr. Rishi Malhotra,Adv. Mr. T. V. Ratnam,Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned. Application for substitution of legal representatives of the deceased respondent no. 11(i) is allowed. Application for amendment of cause title by

4 correcting the name of respondent no. 9 is allowed. It is submitted that compromise has been reached between the parties and an application to record the compromise memo and dispose of the appeal is filed. In view of the compromise reached between the parties and the prayer has been for disposing of the appeal, the civil appeal, accordingly stands disposed of. Pending applications, if any, stand(s) disposed of. (VINOD KUMAR) COURT MASTER (MADHU NARULA) COURT MASTER (Signed order is placed on the file)

61 IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONI.A............I.A............I.A............INCIVIL APPEAL NO(S).3866 OF 2010 KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)O R D E RDelay condoned.Application for substitution of legalrepresentatives of the deceased respondent no. 11(i) isallowed.Application for amendment of cause title bycorrecting the name of respondent no. 9 is allowed. It is submitted that compromise has been reachedbetween the parties and an application to record the2compromise memo and dispose of the appeal is filed. Inview of the compromise reached between the parties andthe prayer has been for disposing of the appeal, thecivil appeal, accordingly stands disposed of.Pending applications, if any, stand(s) disposedof.................J. (ARUN MISHRA)NEW DELHI,FEBRUARY 18, 20163ITEM NO.9 COURT NO.8 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A... , I.A....., I.A.....in Civil Appeal No(s). 3866/2010KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(for substitution of l.rs of the deceased respondent c/delay in filing substitution appln. and amendment of cause title and office report)Date : 18/02/2016 These applications were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ARUN MISHRA [IN CHAMBER]For Appellant(s) Mr. A. Subba Rao,Adv. For Respondent(s) Mr. Rishi Malhotra,Adv. Mr. T. V. Ratnam,Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned.Application for substitution of legalrepresentatives of the deceased respondent no. 11(i) isallowed.Application for amendment of cause title by4correcting the name of respondent no. 9 is allowed. It is submitted that compromise has been reachedbetween the parties and an application to record thecompromise memo and dispose of the appeal is filed. Inview of the compromise reached between the parties and

the prayer has been for disposing of the appeal, thecivil appeal, accordingly stands disposed of.Pending applications, if any, stand(s) disposedof. (VINOD KUMAR)COURT MASTER (MADHU NARULA)COURT MASTER(Signed order is placed on the file)

ITEM NO.3 COURT NO.8 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 4/2015 in Civil Appeal No. 3866/2010 KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUS KOKKILIGADDA LEELAVATHI & ORS. Respondent(s) (For impleadment as petitioner and office report) Date : 11/01/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBERS] For Appellant(s) Mr. A. Subba Rao, Adv. For Respondent(s) Mr. Sumit Kumar Vats, Adv. Mr. B. Veera Swami Raju, Adv. Mr. Rishi Malhotra, Adv. Mr. T. V. Ratnam, Adv. Mr. M. Naseem, Adv. Mr. M. Sowri Dev, Adv. UPON hearing the counsel the Court made the following O R D E R Heard counsel for the parties. No case for impleadment is made out. Application for impleadment is rejected. [RASHI GUPTA] [SUMAN JAIN] SR.P.A. COURT MASTER

ø ITEM NO.3 COURT NO.8 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 4/2015 in Civil Appeal No. 3866/2010 KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUS KOKKILIGADDA LEELAVATHI & ORS. Respondent(s) (For impleadment as petitioner and office report) Date : 11/01/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBERS] For Appellant(s) Mr. A. Subba Rao, Adv. For Respondent(s) Mr. Sumit Kumar Vats, Adv. Mr. B. Veera Swami Raju, Adv. Mr. Rishi Malhotra, Adv. Mr. T. V. Ratnam, Adv. Mr. M. Naseem, Adv. Mr. M. Sowri Dev, Adv. UPON hearing the counsel the Court made the following O R D E R Heard counsel for the parties. No case for impleadment is made out. Application for impleadment is rejected.Signature Not Verified [RASHI GUPTA] [SUMAN JAIN]Digitally signed byRASHI GUPTADate: 2016.01.19 SR.P.A. COURT MASTER16:50:41 ISTReason:

SECTION-XII A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO. 4/2015 (Application for impleadment as party as Appellant filed by Mr. Rishi Malhotra) IN CIVIL APPEAL NO.3866 OF 2010 KOKKILIGADDA NAGA POTHARAJU VARMA ..APPELLANT – VERSUS - KOKKILIGADDA LEELAVATHI & ORS. ..RESPONDENTS OFFICE REPORT It is submitted to the Hon'ble Court that Mr. Rishi Malhotra, Advocate has on 1 st December, 2015 filed an application for impleadment as party Appellant. The same has been registered as I. A. No.4 and placed before Hon'ble Court in Chambers for its kind perusal. Service status:- There are 12 respondents. Respondent Nos.1 to 4 and 8 are represented by Mr. T.V. Ratnam, Advocate. Respondent Nos.5 to 7, 9,10,11 and 12 have been served with the notice but no one has entered appearance on their behalf. Service is complete on all the respondents. The application above-mentioned is listed before the Hon'ble Judge-in-Chamber with this office report. Dated this the 10 th day of December, 2015. ASSISTANT REGISTRAR Copy to:- 1. Mr. A. Subba Rao, Advocate. 2. Mr. T.V. Ratnam, Advocate. 3. Mr. Rishi Malhotra, Advocate ASSISTANT REGISTRAR DK

ITEM NO.94 REGISTRAR COURT. 2 SECTION XIIA 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 HANJURA Civil Appeal No(s). 3866/2010 KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUS KOKKILIGADDA LEELAVATHI & ORS. Respondent(s) (with office report) Date : 12/09/2014 This appeal was called on for hearing today. For Appellant(s) Mr.K.L.D.S.Vinober,adv. Mr. A. Subba Rao,Adv. For Respondent(s) Mr. T. V. Ratnam,Adv. UPON hearing the counsel the Court made the following O R D E R The office report indicates that the appellant has already filed the statement of case. What gets revealed from the perusal of the file is that although by order dated 21.08.13 of this Court, the Ld.counsel for the respondents was given 35 days time to filing the statement of case, yet he has not done the needful so far. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the respondent has entered appearance and does not file a statement of case within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall be presumed that he does not desire to lodge the same. In view of the rule position cited above no further opportunity for filing …........2

ITEM NO.94 -2- the statement of case is warranted to be given to the said respondents. Viewed thus, the matter shall be processed for listing before the Hon'ble Court under the rules. (M K HANJURA) Registrar SB

REGISTRAR COURT NO. 2 LISTED ON: 12.09.2014 ITEM NO.: 94 SECTION-XII A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3866 OF 2010 KOKKILIGADDA NAGA POTHARAJU VARMA ..APPELLANT – VERSUS - KOKKILIGADDA LEELAVATHI & ORS. ..RESPONDENTS OFFICE REPORT This is an Appeal by Special Leave Petition filed against the Judgment and Order dated 11 th September, 2009 of the High Court of Andhra Pradesh at Hyderabad in A.S. No. 370 of 2001. It is submitted to the Hon'ble Court that there are 12 respondents. Respondent Nos.1 to 4 and 8 are represented by Mr. T.V. Ratnam, Advocate. Respondent Nos.5 to 7, 9,10,11 and 12 have been served with the notice but no one has entered appearance on their behalf. Original records have been received from High Court and Lower Court for the reference of the Hon'ble Court. It is lastly submitted that counsel for the appellant has on 17.10.2011 filed statement of case but counsel for the Respondent has not filed statement of case in terms of Order XIX, Rule 32(2) of Supreme Court Rules, 2013 and its proviso, where a party does not file statement of case within the time prescribed, it shall be presumed that the party does not desire to file statement of case. It is further submitted that pursuant to the above-said order, Counsel for the appellant has on 17th August, 2013 filed affidavit of service of respondent no.10 but no one has entered appearance on his behalf so far. DK 1 /-

Service is complete on all the respondents. The matter above-mentioned is listed before the Ld. Registrar's Court as “Pre final hearing” with this office report. Dated this the 11 th day of September, 2014. ASSISTANT REGISTRAR Copy to:- 1. Mr. A. Subba Rao, Advocate. 2. Mr. T.V. Ratnam, Advocate. ASSISTANT REGISTRAR DK 2 /-

F ITEM NO.94 REGISTRAR COURT. 2 SECTION XIIA 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 HANJURA Civil Appeal No(s). 3866/2010 KOKKILIGADDA NAGA POTHARAJU VARMA Appellant(s) VERSUS KOKKILIGADDA LEELAVATHI & ORS. Respondent(s) (with office report) Date : 12/09/2014 This appeal was called on for hearing today. For Appellant(s) Mr.K.L.D.S.Vinober,adv. Mr. A. Subba Rao,Adv. For Respondent(s) Mr. T. V. Ratnam,Adv. UPON hearing the counsel the Court made the following O R D E R The office report indicates that the appellant has already filed the statement of case. What gets revealed from the perusal of the file is that although by order dated 21.08.13 of this Court, the Ld.counsel for the respondents was given 35 days time to filing the statement of case, yet he has not done the needful so far. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the respondent has entered appearance and does not file a statement of case within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall be presumed that he does not desire to lodge the same.Signature Not Verified In view of theDigitally signed bySushma Kumari BajajDate: 2014.09.17 rule position cited above no further opportunity for filing10:48:05 ISTReason: ...........2ITEM NO.94 -2-

the statement of case is warranted to be given to the saidrespondents. Viewed thus, the matter shall be processed forlisting before the Hon'ble Court under the rules. (M K HANJURA) RegistrarSB

´ITEM NO.24 REGISTRAR COURT.2 SECTION XIIA 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 THOMAS CIVIL APPEAL NO(s). 3866 OF 2010KOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(With appln(s) for directions and office report)Date: 03/10/2013 This Appeal was called on for hearing today.For Appellant(s) Mr. A. Subba Rao,Adv. Ms. Mansha Monga,Adv.For Respondent(s) Mr. T.V. Ratnam,Adv. UPON hearing counsel the Court made the following O R D E R Appellant has filed the Statement of case. The respondent has not filed the Statement of case even though time was granted by order dated 21.8.2013. Hence, list the matter before the Hon'ble Judge in Chamber for orders.| | |(SUNIL THOMAS) ||mg | |Registrar |

àITEM NO.78 REGISTRAR COURT.2 SECTION XIIA 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 THOMAS CIVIL APPEAL NO(s). 3866 OF 2010KOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(With appln(s) for directions and office report)Date: 21/08/2013 This Appeal was called on for hearing today.For Appellant(s) Mr. A. Subba Rao,Adv.For Respondent(s) Mr. T.V. Ratnam,Adv. Mr. Munawwar Naseem,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.10 has been served by dasti. No appearance forRespondent No.10. service is complete. Appellant has filed the statementof cases. Respondent is granted 35 days time for filing the statement ofcases. List the matter on 3.10.2013.| | |(SUNIL THOMAS) ||mg | |Registrar |

ÜITEM NO.70 REGISTRAR COURT.2 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 3866 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASKOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(With appln(s) for directions and office report ))Date: 02/07/2013 This Appeal was called on for hearing today.For Appellant(s) Mr. Santosh Kr. D.,Adv. Mr. A. Subba Rao,Adv.For Respondent(s) Mr. Munawwar Naseem,Adv. Mr. T.V. Ratnam,Adv. UPON hearing counsel the Court made the following O R D E R Counsel for the appellant granted four more weeks time as a last chance for taking fresh steps in correct address against unserved respondent No. 10. List the matter on 21.8.2013.| | |(SUNIL THOMAS) ||s | |Registrar |

6ITEM NO.68 REGISTRAR COURT.2 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 3866 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASKOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(With appln(s) for directions,c/delay in filing substitutionappln.,substitution of deceased respondent and office report ))Date: 06/02/2013 This Appeal was called on for hearing today.For Appellant(s) Ms.Mansha Monga,adv. Mr. A. Subba Rao,Adv.For Respondent(s) Mr.Munawwar Naseem,adv. Mr. T.V. Ratnam,Adv. UPON hearing counsel the Court made the following O R D E R Notice addressed to respondent No.10 has been returned with an endorsement "vacated the house and her whereabouts are not known". Ld.counsel for the appellant is directed to take fresh steps in correct address against respondent No.10. List the matter on 22.03.2013.| | |(Sunil Thomas) || | |Registrar |SB

¦ITEM NO.20 COURT NO.2 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. Nos. 2&3 IN CIVIL APPEAL NO(s). 3866 OF 2010KOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(With appln(s) for c/delay in filing substitution appln.,substitution ofdeceased respondent and office report ))Date: 07/11/2012 This Appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR IN CHAMBERSFor Appellant(s) Mr. A. Subba Rao,Adv.For Respondent(s) Mr. T.V. Ratnam,Adv. Mr. Munawwar Nazeem,Adv. UPON hearing counsel the Court made the following O R D E R Delay condoned. A perusal of the application reveals that respondent no.11 died on 04.12.2000. Lrs. Have been described in paragraph 1 of the application. The prayer made in the instant I.A. is to implead the legal heirs of the deceased Respondent No.11 as his legal representatives. Prayer is allowed. Lrs. of Respondent No.11 are ordered to be impleaded as Lrs. of R-11 in his place, subject to all just exceptions. |(Hemalatha Mohan) | (Indu Bala Kapur) || Sr.P.A. | Court Master |

ITEM NO.28 COURT NO.9 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 3866 OF 2010KOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 02/03/2012 This Appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD (IN CHAMBERS)For Appellant(s) Mr. A. Subba Rao,Adv.For Respondent(s) Mr. T.V. Ratnam,Adv. UPON hearing counsel the Court made the following O R D E R Registry is directed to send reminder to the High Court for sending the certificate of service on respondent nos. 9, 10 and 12. As prayed for, four weeks' time is granted to the appellant to take fresh steps for effecting service on the proposed legal representatives of deceased respondent no. 11, failing which the appeal against respondent no. 11 shall stand dismissed. (KUSUM SYAL) (RENUKA SADANA) SR.P.A COURT MASTER (Signed Order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 3866 OF 2010KOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s) O R D E R Registry is directed to send reminder to the High Court for sending the certificate of service on respondent nos. 9, 10 and 12.

As prayed for, four weeks' time is granted to the appellant to take fresh steps for effecting service on the proposed legal representatives of deceased respondent no. 11, failing which the appeal against respondent no. 11 shall stand dismissed. .....................J (CHANDRAMAULI KR. PRASAD) NEW DELHI MARCH 2, 2012

ºITEM NO.32 COURT NO.9 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 3866 OF 2010KOKKILIGADDA NAGA POTHARAJU VARMA Appellant (s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 28/09/2011 This Appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL (IN CHAMBERS)For Appellant(s) Ms. Neelam Jain, Adv. Mr. A. Subba Rao,Adv.For Respondent(s) Mr. K. Subba Rao, Adv. Mr. T.V. Ratnam,Adv. UPON hearing counsel the Court made the following O R D E R Four weeks time, as prayed for, is granted to enable the learned counsel for the appellant to comply with the office report dated 3.8.2011. (Neetu Sachdeva) (Sneh Bala Mehra) Sr. P. A. Court Master

ITEM NO.23 COURT NO.5 SECTION XIIA 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) No(s).11219/2010(From the judgement and order dated 11/09/2009 in AS No.370/2001of The HIGH COURT OF A.P. AT HYDERABAD)KOKKILIGADDA NAGA POTHARAJU VARMA Petitioner(s) VERSUSKOKKILIGADDA LEELAVATHI & ORS. Respondent(s)(With prayer for interim relief)Date: 23/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE K.S. RADHAKRISHNANFor Petitioner(s) Mr. A. Subba Rao,Adv. Mr. A.T. Rao,Adv. Mr. Naik H.K.,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Leave granted. [ Alka Dudeja ] [ Neeru Bala Vij ] A.R.-cum-P.S. Court Master

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