Ram Khelawan Choudhary And ORS v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.559 of 1978 ====================================================== Ram Khelawan Choudhary & Ors .... .... Appellant/s

Versus

State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. N. K. Singh Mr. Mahfooz Ahmed Mr. Chandra Pd. Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-03-2018 Perused the office notes.

It appears that the appellants have filed this appeal against the judgment dated 29.05.1978 and decree dated 10.06.1978 passed by Sub Judge, Khagaria in Title Suit No.31/1975/26/1977. The suit was filed against the State of Bihar and others and the same was dismissed on contest against defendant no.2 and ex-parte against the remaining defendants. The defendant nos.1 and 2 are State of Bihar and Anchaladhikari, Khagaria respectively and defendant no.3 is a private person. After dismissal of the suit, the plaintiffs have filed this appeal against three respondents. The appeal stood dismissed against respondent no.1 (State of Bihar) for non-compliance of the direction given by this Court on 10.04.2017. The respondent nos.2 and 3 are formal parties and so on account of dismissal of appeal

Patna High Court FA No.559 of 1978 (23) dt.15-03-2018 2/2 against State of Bihar who is main contesting party, this appeal has become incompetent. On repeated calls, nobody appeared on behalf of the appellants.

In the aforesaid facts and circumstances, this appeal is dismissed.

(Sanjay Kumar, J) B.Kr./- U