Sheo Pd. Sao And ORS v. Sheo Nr. Pd. Chaurasia And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.98 of 1989 ====================================================== Sheo Pd. Sao & Ors .... .... Appellant/s

Versus

Sheo Nr. Pd. Chaurasia & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Kr. Chaudhary For the Respondent/s : Mr. Ravinath Verma Mr. Surendra Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-04-2015 Perused the office note dated 03.04.2015.

According to the office note, the defect pointed out by the office at Flag-S dated 15.03.2011 has not been removed by the appellants.

The learned counsel for the appellants submitted that the plaintiffs-appellants are not desirous of prosecuting this first appeal and, therefore, the defect which is for filing the D.C.F. of Rs.3,583.10 for the trial court and the same D.C.F. for the appellate court cannot be removed by the appellants. Accordingly, the learned counsel prayed that this first appeal may be dismissed as not pressed.

In view of the above submission of the learned counsel and the fact that the appellants are not desirous of filing the

Patna High Court FA No.98 of 1989 (26) dt.06-04-2015 required court fee in this first appeal, this first appeal is dismissed for default.

(Mungeshwar Sahoo, J) Harish/- U