SECTION IX

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) Nos. 16707-16708 OF 2023

WITH

INTERLOCUTORY APPLICATION NO.136207 OF 2023

(Application for exemption from filing C/C of the impugned Judgment)

AND

INTERLOCUTORY APPLICATION NO.136211 OF 2023

(Application for exemption from filing O.T)

AND

INTERLOCUTORY APPLICATION NOS.114440, 114449, 114472 & 115473 OF 2024

(Applications for Intervention Application filed by Mr. Pravartak Suhas Pathak)

AND

SPECIAL LEAVE PETITION (CIVIL) Diary No. 33996/2023

WITH

INTERLOCUTORY APPLICATION NO.177473 OF 2023

(Application for filing condonation of the delay)

AND

INTERLOCUTORY APPLICATION NO.177474 OF 2023

(Application for exemption from filing C/C of the impugned Judgment)

AND

INTERLOCUTORY APPLICATION NO.177476 OF 2023

(Application for exemption from filing O.T)

Process Id: 1563/2024

OFFICE REPORT

SPECIAL LEAVE PETITION (CIVIL) Nos. 16707-16708 OF 2023

 The above mentioned matter was mentioned before the Hon'ble Court, on 10th May, 2024, When the Court was pleased to pass the following order:-

        " List on 16.07.2024."

  It is submitted that the matter was earlier listed before the Hon'ble Court, on 28th July, 2023, When the Court was pleased to pass the following order:-

"Delay condoned.

  Issue notice. Mr. Dilip Annasaheb Taur, learned counsel appearing on caveat, accepts and waives notice for all the respondents.

  Learned counsel for the respondents seeks two weeks' time to file counter affidavit. Time sought for is granted. Counter affidavit be filed within the stipulated time. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List thereafter.

  In the meanwhile, operation of the impugned judgment and order dated 5.5.2022 passed in W.P. No.2111/2022 and the other order dated 13.4.2023 passed in R.A No.246/2022 in W.P. No.2111/2022 stand stayed for a period of two months."

     Thereafter the matter along with connected matter i.e SLP(c) Diary No.33996/2023 was listed before the Court of Ld. Registrar on 12-10-2023 and the following inter-alia order was passed on:- 

" SLP (c) Nos.16707-16708/2023

Respondent Nos. 1 to 3 have already filed the counter affidavit.

Hence, the matter be processed for listing before the Hon'ble Court, under the rules."

It is submitted that there are three Respondents in the instant matter. Show cause notice was issued to all the three respondents through Mr. Dilip Annasaheb Taur, Advocate who has filed Caveat/Vakalatnama and has on 12.08.2023 filed counter affidavit on behalf of all the three Respondents. (Copy of the Counter affidavit has been included in the SLP Paper books for kind perusal of the Hon'ble Court)

It is further submitted that counsel for the petitioner has not filed rejoinder affidavit so far.

It is further submitted that Mr. Pravartak Suhas Pathak, Advocate has on 09.05.2024 and 10.05.2024 e-filed 4 separate applications to intervene on behalf of Mr. Shard Dhundiram Khatke, Mr. Dhamppal Vishwanth Meshram, Anirudha Prakash Sontakke and Mr. Anil Mahadev Gaikwad. The applications have been registered as I.A Nos.114440/2024, 114449/2024, 114472/2024 & 115473/2024.(Copies of the same have been included in the paper books for the kind perusal of the Hon'ble Court.)

Service of notice is complete.

SPECIAL LEAVE PETITION (CIVIL) Diary No. 33996/2023

      The matter was listed before the Hon'ble Court, on 06th September, 2023, When the Court was pleased to pass the following order:-

"Issue notice on the application seeking condonation of delay in filing the special leave petition as well as on the special leave petition.

 Petitioners'™ counsel submitted that the relied upon judgment in Govind Ramling Solpure & Ors. is a subject matter of SLP (C) Diary No.20659 of 2023. Hence, this matter may be tagged with the aforesaid SLP.

 Tag with SLP (C) Diary No.20659 of 2023."

     Thereafter the matter was listed before the Court of Ld. Registrar and the following order was passed on 12-10-2023-

"SLP (c) Diary No.33996 of 2023

 Four weeks'™ time is granted to respondent no.1 to file the counter affidavit.

 Ld. Counsel for respondent Nos. 2 to 5 submits that she does not wish to file counter affidavit. Her statement is taken on record. 

Thereafter, the matter be processed for listing before the Hon'ble Court, as per rules"

It is submitted that are five respondents in the instant matter. Accordingly, show cause notice was issued to all the five respondents through registered A. D. Post on 27.09.2023. Mr. Anisha R. Shah and Mr. Aaditya A. Pande, Advocates have on 10-10-2023 filed vakalatnama/appearance on behalf of Respondent no. 1 and 2 to 5 respectively but Counsel for the respondent no. 1 has not filed counter affidavit on his behalf so far.

It is lastly submitted that counsel for Respondent nos. 2 to 5 does not wish to file counter affidavit vide Court of Ld. Registrar's Order dated 12-10-2023. 

Service of notice is complete.

The Petitions along with applications above-mentioned are listed before the Hon'ble Court with this Office Report.

Dated : July 15, 2024