Arijit Pasayat, J. - (1.) When the matter was taken up on 3.2.2009, the Court passed the following order."When the matter was taken up, Mr. M.N. Rao, learned senior counsel brought to the notice that I.A. Nos. 9 to 11/2008 had been filed for transposing the applicants as petitioners. It is also prayed that they may be transposed as petitioner Nos. 2 and 3 from pro forma respondent Nos. 2 and 5 in special leave petition against the order in LPA No. 323/91. Petitioner Nos. 3 and 4 from respondent Nos. 1 and 3 in special leave petition against the order in Appeal No. 2959/2001 and Appeal No. 2960/2001. This application is filed on 8.5.2008. Thereafter, a statement was made on 25.8.2008 by 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 affidavit has been served on learned counsel for the petitioners as well, some of the respondents that Sunkara Lakshminarasamma had died about 1 and 1/2 years earlier. The affidavit is dated 26.12.2008. A copy has been filed for our record by learned counsel for the petitioner. An affidavit has been filed by Sunkara Lakshminarasamma which has been filed on 30th January, 2009 stating that the affidavit filed by Sunkara Kamala is wrong and she is alive and a false affidavit has been filed. In view of the aforesaid position, let notice be issued to Sunkara Kamala to show cause as to why action shall not been 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. The matter shall be listed on 24th February, 2009."
(2.) In view of the statement made, notice was issued to Sunkara Kamala 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 the copies thereof have been served on learned counsel for the parties. Reply was to be filed within two weeks. At that stage personal appearance was dispensed with.
(3.) When the matter was listed on 4.3.2009, in spite of the directions of this Court, the respondent did not file any reply. This is apparently a clear case of contempt as false affidavit has been filed. On 8.9.2008 it was brought to the notice of this Court by Mr. A. Subba Rao, learned counsel for the petitioners that after verification from his clients he has ascertained that Mrs. Sunkara Lakshminarasamma and Thavvala Divya Sarojini Kasidevi are alive.;