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RATNALA RAMA v. RATNALA JAGADEESWARA RAO

Supreme Court of India | Diary 10160/2015

Status

ROP - of Main Case

Decided On

06-10-2016

Bench

Petitioner

RATNALA RAMA

Respondent

RATNALA JAGADEESWARA RAO

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A.NO.2 OF 2016 IN TRANSFER PETITION (CIVIL) NO.597 OF 2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) O R D E R I.A.No.2 of 2016 for seeking permission to withdraw the Transfer Petition (Civil) No.597 of 2015 is allowed. The transfer petition is, accordingly, dismissed as withdrawn. .....…..............J. (L. NAGESWARA RAO) NEW DELHI; OCTOBER 6, 2016.

ITEM NO.2 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 2/2016 in Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (For withdrawal of transfer petition and office report) Date : 06/10/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO [IN CHAMBERS] For Petitioner(s) Mrs.S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R I.A.No.2 of 2016 for seeking permission to withdraw the Transfer Petition (Civil) No.597 of 2015 is allowed. The transfer petition is, accordingly, dismissed as withdrawn. (SAPNA BISHT) (SUMAN JAIN) SR. P.A. COURT MASTER (Signed order is placed on the file)

\212IN THE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTIONI.A.NO.2 OF 2016IN TRANSFER PETITION (CIVIL) NO.597 OF 2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s)O R D E R I.A.No.2 of 2016 for seeking permission to withdraw theTransfer Petition (Civil) No.597 of 2015 is allowed.The transfer petition is, accordingly, dismissed aswithdrawn......⬠¦..............J. (L. NAGESWARA RAO)NEW DELHI;OCTOBER 6, 2016.ITEM NO.2 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 2/2016 in Transfer Petition(s)(Civil) No(s). 597/2015RATNALA RAMA Petitioner(s) VERSUSRATNALA JAGADEESWARA RAO Respondent(s)(For withdrawal of transfer petition and office report)Date : 06/10/2016 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO [IN CHAMBERS]For Petitioner(s) Mrs.S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RI.A.No.2 of 2016 for seeking permission to withdrawthe Transfer Petition (Civil) No.597 of 2015 is allowed.The transfer petition is, accordingly, dismissed aswithdrawn. (SAPNA BISHT) (SUMAN JAIN) SR. P.A. COURT MASTER(Signed order is placed on the file)

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.597 OF 2015 RATNALA RAMA PETITIONER(S) VERSUS RATNALA JAGADEESWARA RAO RESPONDENT(S) O R D E R Learned counsel for the petitioner is granted four weeks' time to file affidavit in proof of dasti service of notice on sole respondent, failing which the petition shall stand dismissed without further reference to the Court. Any application for restoration shall be entertained only on payment of costs of Rs.1,000/- to be deposited with the Supreme Court Legal Services Committee. ......................J. [KURIAN JOSEPH] NEW DELHI AUGUST 22, 2016

ITEM NO.11 COURT NO.10 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (Office report on default) Date : 22/08/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH [IN CHAMBERS] For Petitioner(s) Mrs. S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner is granted four weeks' time to file affidavit in proof of dasti service of notice on sole respondent, failing which the petition shall stand dismissed without further reference to the Court. Any application for restoration shall be entertained only on payment of costs of Rs.1,000/- to be deposited with the Supreme Court Legal Services Committee. (SWETA DHYANI) (RENU DIWAN) SR.P.A. ASSISTANT REGISTRAR (Signed order is placed on the file)

SECTION XVI-A IN THE SUPREME COURT OF INDIA LISTE D ON : CIVIL ORIGINAL JURISDICTION CHAMBER MATTER: ITEM NO. : TRANSFER PETITION (CIVIL) NO. 597 OF 2015 WITH INTERLOCUTORY APPLICATION NO. 1 OF 2015 (Application for Ex-Parte stay) RATNALA RAMA .....Petitioner VERSUS RATNALA JAGADEESWARA RAO .....Respondent OFFICE REPORT ON DEFAULT The Transfer Petition above mentioned was listed before the Hon'ble Court on 24 th April, 2015 when the Court was pleased to pass the following order: “Heard learned counsel for the petitioner and perused the relevant material. Issue notice. In the meantime, there shall be stay of further proceedings in M.O.P. No. 42 of 2014 titled as “Ratnala Jagadeeswara Rao Vs. Ratnala Rama”, pending in the Court of Senior Civil Judge, Sompeta, Srikakulam District, Andhra Pradesh.” Accordingly notice was issued to the Sole Respondent through Registered A.D. Post on 20 th May, 2015. It is submitted that unserved cover containing notice has been received back from the Sole Respondent with the postal remark “Addressee left”. Thereafter the matter was listed before the Ld. Registrar Court on 3 th July, 2015 when he was pleased to pass the following order. “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. Dasti in addition is permitted to be served through the Trial Court, the particulars of which shall be furnished by the Ld.counsel for the petitioner within the period provided above. List again on 8.09.2015 .” Contd ..2/-

-2- Accordingly, notice was issued to the Sole respondent through Registered A.D Post on 30.07.2015 as well as Dasti and through Trial Court. It is submitted that Service Report has been received from Trial Court stating therein that respondent is not residing at the given address and went out to some other place for livelyhood. Thereafter, the matter was listed before the Ld. Registrar Court on 4 th February, 2016 when he was pleased to pass the following Order: “ Four weeks time as last chance is given to the Ld.counsel for the petitioner to comply with the terms of the order dated 26.11.2015 of this Court in respect of the sole respondent. On request of the counsel, dasti in addition is permitted. List the matter again on 18.03.2016 .” Accordingly, notice was issued to the Sole respondent through Registered A.D. Post on 25.02.2016 as well as Dasti. It is submitted that Counsel for the petitioner has not filed Affidavit of Service of Dasti notice alongwith its proof so far. Lastly the matter was listed before the Ld. Registrar Court on 1 st August, 2016 when he was pleased to pass the following order; “ Ld.counsel for the petitioner has failed to file the affidavit in proof of dasti service of notice issued to the sole respondent, despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter .” Service of show cause notice is not complete. The default on the part of counsel for the Petitioner is reported to Hon'ble Judge in Chamber with this Office Report. Dated this the 02 nd day of August, 2016. ASSISTANT REGISTRAR Copy to : Ms. S. Usha Reddy, Advocate. ASSISTANT REGISTRAR

IN THE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTIONTRANSFER PETITION (CIVIL) NO.597 OF 2015RATNALA RAMA PETITIONER(S) VERSUSRATNALA JAGADEESWARA RAO RESPONDENT(S)O R D E RLearned counsel for the petitioner is granted fourweeks' time to file affidavit in proof of dasti service ofnotice on sole respondent, failing which the petition shallstand dismissed without further reference to the Court.Any application for restoration shall be entertainedonly on payment of costs of Rs.1,000/- to be deposited withthe Supreme Court Legal Services Committee.......................J. [KURIAN JOSEPH]NEW DELHIAUGUST 22, 2016ITEM NO.11 COURT NO.10 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTransfer Petition(s)(Civil) No(s). 597/2015RATNALA RAMA Petitioner(s) VERSUSRATNALA JAGADEESWARA RAO Respondent(s)(Office report on default)Date : 22/08/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH [IN CHAMBERS]For Petitioner(s) Mrs. S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RLearned counsel for the petitioner is granted fourweeks' time to file affidavit in proof of dasti service ofnotice on sole respondent, failing which the petition shallstand dismissed without further reference to the Court.Any application for restoration shall be entertainedonly on payment of costs of Rs.1,000/- to be deposited withthe Supreme Court Legal Services Committee. (SWETA DHYANI) (RENU DIWAN) SR.P.A. ASSISTANT REGISTRAR(Signed order is placed on the file)

ITEM NO.30 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 01/08/2016 This petition was called on for hearing today. For Petitioner(s) Mrs.s. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner has failed to file the affidavit in proof of dasti service of notice issued to the sole respondent, despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. (M V RAMESH) Registrar SB

ITEM NO.30 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 01/08/2016 This petition was called on for hearing today. For Petitioner(s) Mrs.s. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner has failed to file the affidavit in proof of dasti service of notice issued to the sole respondent, despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. (M V RAMESH) Registrar SBSignature Not VerifiedDigitally signed byPOOJA SHARMADate: 2016.08.0116:51:28 TLTReason:

ITEM NO.32 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 09/05/2016 This petition was called on for hearing today. For Petitioner(s) Mrs. S. Usha Reddy,Adv. For Respondent(s) Mr. Parthiv K. Goswami,Adv. Mer. Yashvardhan Singh,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 18.3.2016 of this Court in respect of the sole respondent. List again on 1.8.2016. (M V RAMESH) Registrar MG

Æ ITEM NO.32 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 09/05/2016 This petition was called on for hearing today. For Petitioner(s) Mrs. S. Usha Reddy,Adv. For Respondent(s) Mr. Parthiv K. Goswami,Adv. Mer. Yashvardhan Singh,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 18.3.2016 of this Court in respect of the sole respondent. List again on 1.8.2016. (M V RAMESH) Registrar MGSignature Not VerifiedDigitally signed byMadhu GroverDate: 2016.05.0916:22:49 SCTReason:

ITEM NO.23 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 18/03/2016 This petition was called on for hearing today. For Petitioner(s) Mrs.S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner shall within a period of four weeks file the affidavit in proof of dasti service of notice already issued to the sole respondent. List the matter again on 09.05.2016. (M V RAMESH) Registrar SB

öITEM NO.23 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESHTransfer Petition(s)(Civil) No(s). 597/2015RATNALA RAMA Petitioner(s) VERSUSRATNALA JAGADEESWARA RAO Respondent(s)(with appln. (s) for stay and office report)Date : 18/03/2016 This petition was called on for hearing today.For Petitioner(s) Mrs.S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RLd.counsel for the petitioner shall within a period of fourweeks file the affidavit in proof of dasti service of noticealready issued to the sole respondent.List the matter again on 09.05.2016. (M V RAMESH) RegistrarSB

ITEM NO.40 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 04/02/2016 This petition was called on for hearing today. For Petitioner(s) Mrs.s. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Four weeks time as last chance is given to the Ld.counsel for the petitioner to comply with the terms of the order dated 26.11.2015 of this Court in respect of the sole respondent. On request of the counsel, dasti in addition is permitted. List the matter again on 18.03.2016. (M V RAMESH) Registrar SB

¦ITEM NO.40 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESHTransfer Petition(s)(Civil) No(s). 597/2015RATNALA RAMA Petitioner(s) VERSUSRATNALA JAGADEESWARA RAO Respondent(s)(with appln. (s) for stay and office report)Date : 04/02/2016 This petition was called on for hearing today.For Petitioner(s) Mrs.s. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RFour weeks time as last chance is given to the Ld.counsel forthe petitioner to comply with the terms of the order dated 26.11.2015of this Court in respect of the sole respondent. On request of thecounsel, dasti in addition is permitted.List the matter again on 18.03.2016. (M V RAMESH) RegistrarSB

ITEM NO.45 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 26/11/2015 This petition was called on for hearing today. For Petitioner(s) Mrs.S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The learned counsel for the petitioner shall within a period of four weeks file the fresh particulars of the sole respondent and he shall also take appropriate steps for the service of notice to him within the same period. List again on 4.2.2016. (M V RAMESH) Registrar MG

\216 ITEM NO.45 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 26/11/2015 This petition was called on for hearing today. For Petitioner(s) Mrs.S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The learned counsel for the petitioner shall within a period of four weeks file the fresh particulars of the sole respondent and he shall also take appropriate steps for the service of notice to him within the same period. List again on 4.2.2016. (M V RAMESH) Registrar MGSignature Not VerifiedDigitally signed byMadhu GroverDate: 2015.11.2615:56:19 SCTReason:

ITEM NO.52 REGISTRAR COURT. 2 SECTION XVIA 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 DR. K. ARUL Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 08/09/2015 This petition was called on for hearing today. For Petitioner(s) Mrs.s. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await service report from the concerned Court and list again on 26.11.2015. (K. ARUL) Registrar

ITEM NO.52 REGISTRAR COURT. 2 SECTION XVIA 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 DR. K. ARUL Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 08/09/2015 This petition was called on for hearing today. For Petitioner(s) Mrs.s. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await service report from the concerned Court and list again on 26.11.2015. (K. ARUL) RegistrarSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2015.09.1015:54:15 TLTReason:

ITEM NO.85 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M K HANJURA Transfer Petition(s)(Civil) No(s). 597/2015 RATNALA RAMA Petitioner(s) VERSUS RATNALA JAGADEESWARA RAO Respondent(s) (with appln. (s) for stay and office report) Date : 03/07/2015 This petition was called on for hearing today. For Petitioner(s) Mrs.s. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 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. Dasti in addition is permitted to be served through the Trial Court, the particulars of which shall be furnished by the Ld.counsel for the petitioner within the period provided above. List again on 8.09.2015. (M K HANJURA) Registrar SB

ITEM NO.9 COURT NO.8 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL) NO(S). 597/2015 RATNALA RAMA PETITIONER(S) VERSUS RATNALA JAGADEESWARA RAO RESPONDENT(S) (WITH APPLN. (S) FOR EX-PARTE STAY) Date : 24/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mrs. S. Usha Reddy, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner and perused the relevant material. Issue notice. In the meantime, there shall be stay of further proceedings in M.O.P. No.42 of 2014, titled as “Ratnala Jagadeeswara Rao Vs. Ratnala Rama”, pending in the Court of Senior Civil Judge, Sompeta, Srikakulam District, Andhra Pradesh. [VINOD LAKHINA] COURT MASTER [ASHA SONI] COURT MASTER

Þ ITEM NO.9 COURT NO.8 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL) NO(S). 597/2015 RATNALA RAMA PETITIONER(S) VERSUS RATNALA JAGADEESWARA RAO RESPONDENT(S) (WITH APPLN. (S) FOR EX-PARTE STAY) Date : 24/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mrs. S. Usha Reddy, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner and perused the relevant material. Issue notice. In the meantime, there shall be stay of further proceedings in M.O.P. No.42 of 2014, titled as "Ratnala Jagadeeswara Rao Vs. Ratnala Rama", pending in the Court of Senior Civil Judge, Sompeta, Srikakulam District, Andhra Pradesh. [VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVinod LakhinaDate: 2015.04.2415:16:21 ISTReason:

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