Ram Sarekh Pandey And ORS v. Vidaya Pandey And ANR

Patna High Court FA No.328 of 1980 (9) dt.20-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.328 of 1980 ====================================================== Ram Sarekh Pandey & Ors .... .... Appellant/s

Versus

Vidaya Pandey & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amrendra Bihari Saran Mr. C.B.Sahay For the Respondent/s : Mr. Rajendra Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-05-2015 Perused the office note dated 19.05.2015.

According to the office note, the appeal has already abated against the deceased respondent No.1, in view of the order dated 06.02.1998.

From perusal of the impugned judgment and as submitted by the learned counsel for the respondents, it appears that the plaintiffs-appellants had filed the suit for partition claiming half share in the property. The defendant No.1 along with his father filed contesting written statement. His father died. Thereafter, the son also died who is respondent No.1 but the legal representatives have not been brought on record by the appellants. Now, therefore, in absence of the legal representatives of the deceased respondents No.1, the impugned judgment and decree neither can be altered nor set aside nor

Patna High Court FA No.328 of 1980 (9) dt.20-05-2015 modified and, therefore, the whole appeal become now incompetent to proceed.

Accordingly, this First Appeal is dismissed as incompetent.

(Mungeshwar Sahoo, J) Saurabh/- U T