- 20 November 2017. Four weeks' time is granted to respondent Nos.2, 3 and 6 for filing counter affidavit. The Ld. Counsel for the petitioner to take fresh steps for service of respondent Nos.1, 4, 5 and 7 within two weeks.
- 23 January 2018. As per office report, service is complete on respondent No.1 but no one has entered appearance and counter affidavit on behalf of respondent Nos.2, 3 and 6 have not been filed. The Ld. Advocate, Mr. Prithu Garg, appearing on behalf of Mr.
- 20 March 2018. Respondent nos. 1 to 3 have filed counter affidavit. Respondent no.6 has failed to file counter affidavit despite last opportunity having been granted, as such, further opportunity is declined.
- 27 April 2018. Respondent nos. 1 to 3 have filed counter affidavit. Ld. Counsel for the petitioner to take fresh steps alongwith fresh address to effect service on respondent nos.4 and 7 within two weeks time. Notices thereafter be issued.
- 26 July 2018. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent no.4 within two weeks time as last opportunity. Notice thereafter be issued. Respondent no.5 is dead. Appropriate steps be taken within four weeks time as last opportunity.
- 14 September 2018. Ld. Counsel for the petitioner has not filed fresh address in respect of respondent no.4 despite last opportunity having been granted, though spare copies filed and also appropriate steps in respect of deceased respondent no.5 have not been taken, as such, registry to process the matter for listing before the Hon'ble J
- 13 December 2018. The name of respondent No.5 be deleted from the array of parties at the risk of the petitioners.
- 29 July 2019. Both the applications for bringing on record the Lrs. of deceased respondent No.7 and condonation of delay in filing substitution are allowed as prayed for. (TUSHAR BISHT) (RAJINDER KAUR) SENIOR PERSONAL ASSISTANT BRANCH OFFICER
- 9 August 2019. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 4,7(i) and 7(ii) within two weeks time. However, ld. Advocate-on-record, Mr C.K.Sasi appears for respondent nos. 7(a) and 7(b) and submitted that vakalatnama will be filed within one weeks time. Ld.counsel further submitted that he
- 6 December 2019. Respondent nos.1 to 3 have already filed counter affidavit. Ld counsel for the petitioner seeks two weeks time for filing affidavit of dasti service in respect of respondent no.4. Granted.
- 20 February 2020. Respondent nos.1 to 3 have already filed counter affidavit. Respondent no.5 has been deleted vide order dt. 13.12.18.
- 17 June 2020. Delay in filing details of the District Judge in respect of service on respondent no.4 is condoned. Issue notice immediately. It is submitted that now ld. Counsel, Mr Snehashish Mukherjee will be appearing for respondent nos. 1 to 3 and vakalatnama along with No -Objection-Certificate will be filed within one week's ti
- 22 August 2022. Respondent nos. 1 to 3 are duly represented. IA for substitution has been filed in respect of deceased petitioner nos. 1 and 7. Delay in filing the IA is exempted vide order 10.01.2022 in MA No. 21/2022 in SMW (C) no. 3/20. Hence, same is allowed. Further steps be taken.
- 29 September 2022. The office report indicates that Respondent Nos. 1 to 3 have already filed the counter affidavit. Learned counsel for the petitioners has not filed application for substitution to bring on record Lrs. of deceased respondent No.4.
- 18 November 2022. Respondent Nos.1,2 and 3 have filed counter-affidavit. In respect of deceased respondent No.4, learned counsel for the petitioner has neither filed IA for substitution nor filed IA for deletion despite Order dated 29.09.2022. However, as requested, 2 weeks' time as a last chance is granted to file application of deleti
- 18 July 2023. 1. This application has been filed by the petitioner for deleting the name of the respondent No. 4 from the array of parties. 2. Learned counsel for the petitioners states that she has instructions not to file any substitution application in respect of the respondent no. 4.
- 7 August 2023. Respondent nos.1 to 3 have already filed counter affidavit. Respondent nos.6, 7(i) and 7(ii) has failed to file counter affidavit, within the time stipulated under the rules.
- 16 October 2023. Heard learned counsel for the parties. IA No.163063/2023:
- 8 January 2024. Respondent nos.4 and 5 have been deleted from the array of parties. Respondent nos.1 to 3 have already filed counter affidavit.
- 20 February 2024. Leave granted. Hearing be expedited.
- 24 September 2024. Service is complete on all the respondents. Earlier Ld. Counsel for all the appellants has been designated as Senior Advocate.
- 18 October 2024. 1. As per the Track Report, notice for making alternative arrangements could not be served upon appellants as pointed out in the Office Report dated 1-10-2024. 2. Let fresh notice be issued to the unserved appellants, returnable after four weeks.
- 24 January 2025. No representations in the matter. 2. In the interest of justice, list the matter after two weeks.
- 24 March 2025. Learned counsel for the appellants submits that the Advocate on-Record in the present case has been designated as a Senior Advocate. She prays for four weeks' time to seek instructions in the matter. Learned counsel for the appellants is granted four weeks' time to do the needful.
- 28 August 2025. Learned counsel for the appellants states that she has filed vakalatnama on behalf of legal heirs of appellant nos. 1, 4, and 7 yesterday and she prays for further time to file vakalatnama for appellant nos. 5, 6 and 8. Let the needful be done within two weeks. List the matter after four weeks.
- 7 May 2026. The present application is filed for condoning the delay of 2494 days which has taken place in filing the application for setting aside the abatement. Having regard to the averments made in the application, delay deserves to be condoned. Delay is condoned.
- Counsel named on these orders, not a complete vakalatnama, include the advocates listed below.
Advocates — Appellants: Mr. P.V. Dinesh, Ms. M.G. Yogamaya, Mr. P. V. Dinesh, Ms Sindhu T.P., Ms Arushi Singh, Mr Mohit Bhardwaj, Mr Bineesh, Mr Rajendra Beniwal, Mr Mukund, Mr. Mukund P. Unny, Mr. Mmukund P. Unny, Mr Ashwini Kumar Singh Advocates — Respondents: Mr Prithu Garg, Mr. Naresh Kumar, Ms. Dharitry Phookan, Mr. Prithu Garg, Mr Abhay Pratap Singh, Mr. C. K. Sasi, Mr Sandeep Thakur, Mr Prithu, Ms Harimohana, Mr. Snehasish Mukherjee, Mr. Mayank Sapra, Mr. Avanish Kumar Singh
