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2009 DIGILAW 188 (SC)

SUNKARA LAKSHMINARASAMMA (DEAD) v. SAGI SUBBA RAJU

2009-02-03

ARIJIT PASAYAT, ASOK KUMAR GANGULY, V.S.SIRPURKAR

body2009
ORDER 1. When the matter was taken up, Mr M.N. Rao, learned Senior Counsel brought to the notice that IAs Nos. 9 to 11 of 2008 had been filed for transposing the applicants as petitioners. It is also prayed that they may be transposed as Petitioners 2 and 3 from pro forma Respondents 2 and 5 in the SLP against the order in LPA No. 323 of 1991. Petitioners 3 and 4 from Respondents 1 and 3 in SLP against the order in Appeal No. 2959 of 2001 c and Appeal No. 2960 of2001. 2. This application was filed on 8-5-2008. Thereafter a statement was made on 25-8-2008 by the learned counsel for Respondent 1 that the petitioner had died. Learned counsel wanted to obtain further instructions in the matter. Thereafter, it appears that a copy of the affidavit has been served d on the learned counsel for the petitioners as well as some of the respondents that Sunkara Lakshminarasamma had died about one-and-half years earlier. The affidavit is dated 26-12-2008. A copy has been filed for our record by learned counsel for the petitioner. 3. An affidavit has been filed by Sunkara Lakshminarasamma which has e been filed on 3-1-2009 stating that the affidavit filed by Sunkara Kamala is wrong and she is alive and a false affidavit has been filed. 4. In view of the aforesaid position, let notice be issued to Sunkara Kalama to show cause as to why action shall not be taken against her for swearing a false affidavit for the purpose of this case as is evident from the fact that copies thereof have been served on learned counsel for the parties. Reply, if any, shall be filed within two weeks. Personal presence is dispensed with for the present. 5. The matters shall be listed on 24-2-2009. Court Masters