Deo Kr. Sinha v. Raj Kuer Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.130 of 1980 ====================================================== Deo Kr. Sinha, s/o Ramjiwan Singh of village Satparsa, P.S. Masaurhi, District-Patna ... ... Appellant/s

Versus

1.

Rajkuar Devi, widow of Ram Briksh Singh deceased 2.

Ramjiwan Singh, son of Shyam Lall Singh deceased 3.

Ambika Prasad son of Ramjiwan Singh 4.

Dwarika Singh 5.

Mundrika Singh, both son of Keshwar Singh deceased 6.

Prabhu Lal Singh 7.

Prem Das Singh 8.

Mithila Sharan Singh, all sons of Ram Bishun Singh deceased 9.

Sri Chandradeo Singh s/o Prem Das Singh 10.

Srimati Urmila Devi w/o Chandradeo Singh 11.

Smt.Shital Kuer w/o Premdas Singh All residents of village Satparsa P.S. Dhanarua, District Patna 12.

Balchand Yadav son of Rohan Gope deceased Resident of village Chanaki P.S. Dhanarua, District Patna 13.

Srimati Kusum Devi w/o Sadhu Saran Singh deceased Resident of Village Rampur P.S. Dhanarua District Patna At present Assistant Teacher, Government Basic School, Bara Patluka, P.O. Bara Patluka, District-Patna 14.

Sri Deo Narayan Singh s/o Late Ram Dewan Singh 15.

Sri Ram Bujhawan Singh s/o Banwari Singh deceased 16.

Sri Ram Balli Singh s/o Shri Kamla Sharan Singh deceased 17.

Sri Mouji Lal Singh 18.

Sri Naubind Singh, both sons of Ram Dass Singh deceased 19.

Anup Singh 20.

Rajeshwar Singh 21.

Sudheshwar Singh, all sons of Ramdeo Singh deceased 22.

Sri Daharu Singh son of Raghuni Singh, deceased All residents of village Satparsa, P.S. Dhnarua, District-Patna....... Respondent No. 15 at present Lecturer in B.N. College and Respondent no. 16 working as a fireman in Eastern Railway Junction Patna, Patna ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Chinta Haran Singh, Advocate For the Respondent/s :

Mr. Suresh Prasad Sah @ Baranwal, Advocate ======================================================

Patna High Court FA No.130 of 1980(17) dt.26-06-2023 2/2 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-06-2023 Vide order dated 20.01.2020, office was directed to issue notice to the appellant as well as remaining respondents. Office has reported that direct notices were issued upon the sole appellant as well as respondent nos. 1 to 4 and 6 to 22 through speed post with A/D.

Office has further reported that notice on respondent no. 21 has been validly served. However, undelivered speed post in respect of the sole appellant and respondent nos. 1 to 4, 6 to 11, 13 to 19 and 22 have been received with the report of the postal peon that the aforesaid appellant and respondents have died.

Learned counsel for the respondent no. 5 submits that respondent no. 12 has also died.

There is no application on behalf of the sole deceased appellant as well as on behalf of the deceased respondents for substituting their heirs in their places.

In the aforesaid facts and circumstances, the appeal has abated and is dismissed as such.

(Khatim Reza, J) annpurna/- U