M.A.V. Narayana Rao v. S. Sankaran
Case brief
What is this about?
The High Court allowed Contempt Petitions seeking dispensation of service of notices on respondents following the abatement of the main appeal. The application was granted based on affidavit supports.
What did the court decide?
Notices to respondents 1 to 3 in CMP Nos. 7839, 7841 & 7842 of 2021 are dispensed with; connected CMP Nos. 9937, 9941 & 9943 of 2019 are also allowed.
What the court decided
CMP.Nos.9937, 9941 & 9943 of 2019 & CMP.Nos.7839, 7841 & 7842 of 2021 in S.A.No.362 of 2007
ABDUL QUDDHOSE, J.
These CMP.Nos.7839, 7841 & 7842 of 2021 have been filed to dispense
with service of notices on the respondents 1, 2 & 3 in these proceedings.
- These petitions have been filed on the ground that even before the
Appeal was dismissed as abated against the Appellant, notices were duly served
on the respondents 1 to 3. Therefore according to the petitioner, there is no necessity for them to serve notice on the respondents 1 to 3 in these applications.
- This Court is satisfied with the reasons given in the affidavits filed in support of these petitions. Accordingly, notices to the respondents 1 to 3 in these applications are dispensed with and CMP.Nos. 7839, 7841 & 7842 of 2021 are allowed as prayed for. Consequently, CMP.Nos. 9937, 9941 & 9943 of 2019 are also allowed.
- Registry is directed to carry out the necessary amendment in the cause title and list the main appeal on 16.08.2021.
01.07.2021
Issues for consideration
2 issues framed by the court
Whether notices to respondents need to be dispensed with in contempt proceedings following abatement of appeal.
Relief sought for dispensing service of notices on respondents 1, 2, and 3 in relevant contempt petitions.
Parties & counsel
- applicant
Petitioner
- respondent
Respondent 1
- respondent
Respondent 2
- respondent
Respondent 3
Coram
Case details
As recorded by the court registry
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