IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Transfer Petition(s)(Civil) No(s). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) O R D E R Heard the learned counsel appearing for the petitioners (wife and daughter). As per Office Report dated 18-2-2017, service is complete on the sole respondent but no one has entered appearance on his behalf so far. These petitions under Section 25 of the Civil Procedure Code read with Order XLI of the Supreme Court Rules, 2013 has been filed by the petitioners (wife & daughter) for transfer of (i) Case being Application No.331 of 2013 titled as “Kamlesh Kumar Morya vs. Minor Kumari Khushi & Anr.” and (ii) H.M.A. No.101 of 2013 titled as “Kamlesh Kumar Morya vs. Smt. Krishna Devi” both the matters pending before the Court of District Judge, Sultanpur to the Court of District Judge, Gurgaon, Haryana. Taking into consideration the grounds taken in the transfer petitions, we direct transfer of the aforesaid cases pending before the Court of District Judge, Sultanpur to the Court of District Judge, Gurgaon, Haryana. Let the records of the cases be transferred without delay. The Transfer Petitions are allowed in the afore-stated terms. .....................J (PINAKI CHANDRA GHOSE) .....................J ( ROHINTON FALI NARIMAN ) NEW DELHI; 21ST FEBRUARY, 2017.
ITEM NO.7 COURT NO.6 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). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) (With appln. (s) for stay and office report) Date: 21/02/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Ms. Preeti Singh, Adv. Mr. Gautam Awasthi, AOR Mr. Satya Prakash, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Transfer Petitions are allowed in terms of the signed order. (VISHAL ANAND) (SNEH LATA SHARMA) COURT MASTER COURT MASTER (Signed Order is placed on the file)
SECTION – XVIA IN THE SUPREME COURT OF INDIA LISTED ON : 21022017 CIVIL ORIGINAL JURISDICTION COURT NO : 6 ITEM No. : 7 TRANSFER PETITION (CIVIL) Nos . 553554 OF 2016 IN INTERLOCUTORY APPLICATION Nos. 34 OF 2016 (Application for Stay) KRISHNA DEVI AND ANR. ....Petitioners VERSUS KAMLESH KUMAR MORYA ....Respondent OFFICE REPORT The Transfer Petition above mentioned was listed before the Hon'ble Court on 11042016, when he was pleased to pass the following Order: “ Application for exemption from filing O.T. is allowed. Issue notice. In the meantime, further proceedings in Application No. 331 of 2013 titled as “Kamlesh Kumar Morya vs. Minor Kumari Khusi & Anr.” and H.M.A. No. 101 of 2013 titled as “Kamlesh Kumar Morya vs. Krishna Devi” both pending before the Court of District Judge, Sultanpur, shall remain stayed.” Accordingly, notice was issued to the sole respondent through Regd. A.D. Post on 29042016. It is submitted that neither A.D. Card nor unserved cover containing the said notice has been received back. Thereafter, the matter above mentioned was listed before the Ld. Registrar Court on 29092016, when he was pleased to pass the following Order: “Ld.counsel for the petitioner is directed to take fresh steps in respect of the sole respondent within four weeks. In the meantime, Office shall enquire about the fate of the notice sent to him under registered cover from the concerned postal authorities. List the matter again on 11.11.2016. ” contd....2/
2 Accordingly, Fresh notice was issued to the sole Respondent through Registered A.D. post on 24102016. It is submitted that notice has been delivered to the sole respondent on 28102016 as per track report of Postal Authority. Thereafter, the matter above mentioned was listed before the Ld. Registrar Court on 11112016, when he was pleased to pass the following Order: “The office report indicates that service of notice is complete on the sole respondent, but no one has entered appearance on his behalf. Viewed thus, the matter shall be processed for listing before the Hon'ble Court as per rules. ” Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 18 th day of February, 2017. ASSISTANT REGISTRAR Copy to : Mr. Gautam Awasthi, Advocate ASSISTANT REGISTRAR MC
@IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTIONTransfer Petition(s)(Civil) No(s). 553-554/2016KRISHNA DEVI AND ANR. Petitioner(s) VERSUSKAMLESH KUMAR MORYA Respondent(s)O R D E RHeard the learned counsel appearing for the petitioners (wifeand daughter).As per Office Report dated 18-2-2017, service is complete onthe sole respondent but no one has entered appearance on his behalfso far.These petitions under Section 25 of the Civil Procedure Coderead with Order XLI of the Supreme Court Rules, 2013 has been filedby the petitioners (wife & daughter) for transfer of (i) Case beingApplication No.331 of 2013 titled as ⬠SKamlesh Kumar Morya vs. MinorKumari Khushi & Anr.⬠\235 and (ii) H.M.A. No.101 of 2013 titled as⬠SKamlesh Kumar Morya vs. Smt. Krishna Devi⬠\235 both the matterspending before the Court of District Judge, Sultanpur to the Courtof District Judge, Gurgaon, Haryana.Taking into consideration the grounds taken in the transferpetitions, we direct transfer of the aforesaid cases pending beforethe Court of District Judge, Sultanpur to the Court of DistrictJudge, Gurgaon, Haryana.Let the records of the cases be transferred without delay. The Transfer Petitions are allowed in the afore-stated terms. .....................J (PINAKI CHANDRA GHOSE) .....................J ( ROHINTON FALI NARIMAN ) NEW DELHI; 21ST FEBRUARY, 2017.ITEM NO.7 COURT NO.6 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). 553-554/2016KRISHNA DEVI AND ANR. Petitioner(s) VERSUSKAMLESH KUMAR MORYA Respondent(s)(With appln. (s) for stay and office report)Date: 21/02/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ROHINTON FALI NARIMANFor Petitioner(s) Ms. Preeti Singh, Adv. Mr. Gautam Awasthi, AOR Mr. Satya Prakash, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Transfer Petitions are allowed in terms of the signed order.(VISHAL ANAND) (SNEH LATA SHARMA) COURT MASTER COURT MASTER(Signed Order is placed on the file)
ITEM NO.48 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). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) (with appln. (s) for stay and office report) Date : 11/11/2016 These petitions were called on for hearing today. For Petitioner(s) Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The office report indicates that service of notice is complete on the sole respondent, but no one has entered appearance on his behalf. Viewed thus, the matter shall be processed for listing before the Hon'ble Court as per rules. (M V RAMESH) Registrar PS
TITEM NO.48 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). 553-554/2016KRISHNA DEVI AND ANR. Petitioner(s) VERSUSKAMLESH KUMAR MORYA Respondent(s)(with appln. (s) for stay and office report)Date : 11/11/2016 These petitions were called on for hearing today.For Petitioner(s) Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RThe office report indicates that service of notice is completeon the sole respondent, but no one has entered appearance on hisbehalf. Viewed thus, the matter shall be processed for listingbefore the Hon'ble Court as per rules. (M V RAMESH) RegistrarPS
ITEM NO.43 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). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) (with appln. (s) for stay and office report) Date : 29/09/2016 These petitions were called on for hearing today. For Petitioner(s) Mr.Gagan Deep Sharma,Adv. Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner is directed to take fresh steps in respect of the sole respondent within four weeks. In the meantime, Office shall enquire about the fate of the notice sent to him under registered cover from the concerned postal authorities. List the matter again on 11.11.2016. (M V RAMESH) Registrar SB
SECTION – XVIA IN THE SUPREME COURT OF INDIA LISTED ON : 29 -09-2016 CIVIL ORIGINAL JURISDICTION COURT NO : R-2 ITEM No. : 43 TRANSFER PETITION (CIVIL) Nos. 553-554 OF 2016 WITH INTERLOCUTORY APPLICATION Nos. 3-4 of 2016 KRISHNA DEVI AND ANR. ....Petitioners VERSUS KAMLESH KUMAR MORYA .....Respondent OFFICE REPORT The Transfer Petition above mentioned was listed before the Ld. Registrar's Court on 17-08-2016 , when he was pleased to pass the following Order:- “ Await the return of the service of notice already issued to the sole respondent. List the matter again on 29.09.2016. ” Accordingly, Notice was issued to the sole Respondent through Registered A.D. post on 29-04-2016. It is submitted that neither A.D. card nor unserved registered cover containing the notice has been received back from sole respondent so far. Service of show cause notice is not complete. The matter above mentioned is listed before the Ld. Registrar's Court with this Office Report. Dated this the 27 th Day of September, 2016. ASSISTANT REGISTRAR Copy to : Mr. Gautam Awasthi, Advocate ASSISTANT REGISTRAR MC
æITEM NO.43 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). 553-554/2016KRISHNA DEVI AND ANR. Petitioner(s) VERSUSKAMLESH KUMAR MORYA Respondent(s)(with appln. (s) for stay and office report)Date : 29/09/2016 These petitions were called on for hearing today.For Petitioner(s) Mr.Gagan Deep Sharma,Adv. Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RLd.counsel for the petitioner is directed to take fresh stepsin respect of the sole respondent within four weeks.In the meantime, Office shall enquire about the fate of thenotice sent to him under registered cover from the concerned postalauthorities.List the matter again on 11.11.2016. (M V RAMESH) RegistrarSB
ITEM NO.95 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). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) (with appln. (s) for stay and office report) Date : 17/08/2016 These petitions were called on for hearing today. For Petitioner(s) Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List the matter again on 29.09.2016. (M V RAMESH) Registrar PS
\222 ITEM NO.95 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). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) (with appln. (s) for stay and office report) Date : 17/08/2016 These petitions were called on for hearing today. For Petitioner(s) Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List the matter again on 29.09.2016. (M V RAMESH) Registrar PSSignature Not VerifiedDigitally signed byPOOJA SHARMADate: 2016.08.1716:50:22 TLTReason:
ITEM NO.96 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). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) (with appln. (s) for stay and office report) Date : 11/07/2016 These petitions were called on for hearing today. For Petitioner(s) Ms.Preeti Singh,Adv. Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List the matter again on 17.08.2016. (M V RAMESH) Registrar SB
vITEM NO.96 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). 553-554/2016KRISHNA DEVI AND ANR. Petitioner(s) VERSUSKAMLESH KUMAR MORYA Respondent(s)(with appln. (s) for stay and office report)Date : 11/07/2016 These petitions were called on for hearing today.For Petitioner(s) Ms.Preeti Singh,Adv. Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RAwait the return of the service of notice already issued tothe sole respondent.List the matter again on 17.08.2016. (M V RAMESH) RegistrarSB
ITEM NO.16 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(s)(Civil) No(s). 553-554/2016 KRISHNA DEVI AND ANR. Petitioner(s) VERSUS KAMLESH KUMAR MORYA Respondent(s) (With appln. (s) for exemption from filing O.T. and stay) Date : 11/04/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Ms. Preeti Singh, Adv. Mr. Raj Kumar, Adv. Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing O.T. is allowed. Issue notice. In the meantime, further proceedings in Application No. 331 of 2013 titled as “Kamlesh Kumar Morya vs. Minor Kumari Khusi & Anr.” and H.M.A. No. 101 of 2013 titled as “Kamlesh Kumar Morya vs. Krishna Devi” both pending before the Court of District Judge, Sultanpur, shall remain stayed. (S. K. RAKHEJA) COURT MASTER (MALA KUMARI SHARMA) COURT MASTER
ÐITEM NO.16 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 PROCEEDINGSTransfer Petition(s)(Civil) No(s). 553-554/2016KRISHNA DEVI AND ANR. Petitioner(s) VERSUSKAMLESH KUMAR MORYA Respondent(s)(With appln. (s) for exemption from filing O.T. and stay)Date : 11/04/2016 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ARUN MISHRAFor Petitioner(s) Ms. Preeti Singh, Adv. Mr. Raj Kumar, Adv. Mr. Gautam Awasthi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing O.T. is allowed.Issue notice.In the meantime, further proceedings in Application No. 331of 2013 titled as ⬠SKamlesh Kumar Morya vs. Minor Kumari Khusi &Anr.⬠\235 and H.M.A. No. 101 of 2013 titled as ⬠SKamlesh Kumar Moryavs. Krishna Devi⬠\235 both pending before the Court of DistrictJudge, Sultanpur, shall remain stayed. (S. K. RAKHEJA)COURT MASTER (MALA KUMARI SHARMA)COURT MASTER