Punyadeo Giri v. Satyanarayan Giri And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.590 of 1977 ====================================================== Punyadeo Gir .... .... Appellant/s

Versus

Satyanarayan Gir & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : None For the Respondent/s : Mr. Mahendra Pd. Bhartee Mr. Binoda Nand Mishra Mr. Jyotindra Pratap Singh Mr. Yugal Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-08-2018 On perusal of record it appears that the conducting lawyers of the appellants have died and the appellants were noticed for engaging another lawyer. The appellants in spite of notice did not appear. The appellants were also directed to take steps for substitution in the light of report of Process Server wherein the Process Server has reported that the appellant no. 1 (c) and 1 (e) and respondent nos. 1, 3, 5 and 6 have died. On account of their non-substitution, the appeal stood dismissed against the concerned appellants and respondents.

The present appeal has been filed against the judgment and decree passed by Sub-Judge, Motihari in Partition Suit No. 276 of 1972. The suit was decreed on contest against the defendant no. 1 and without contest against remaining respondents, This appeal was filed by one of the cosharer.

Patna High Court FA No.590 of 1977 (44) dt.20-08-2018 2/2 substituted.

No one appeared on behalf of the appellants on repeated calls.

It appears that the appellants have ceased to have any interest in prosecuting this appeal.

This appeal is accordingly dismissed.

(Sanjay Kumar, J) Mahesh/- U