Most.Chanda Devi And ANR v. Sona Pati Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.274 of 1982 ====================================================== Most.Chanda Devi and Anr ... ... Appellant/s

Versus

Sona Pati Mahto and Ors ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.

For the Respondent/s :

Mr.Alexander Ashok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2023 No one appears for the appellants.

Mr. Alexander Ashok, learned advocate appears on behalf of Mr. Chandra Mohan Singh, learned counsel for the respondents.

This is more than 41 years old appeal which is ready for final hearing. This Court has been publishing notice in the daily cause list for last three days inviting the attention of learned advocates that the first appeals hearing of old matters pending for last 30-40 years may be taken up on Thursday and accordingly this appeal has been listed today under the heading 'For Hearing' with time fixed.

The Registry has also pointed out that substitution petition of deceased R-2 has been rejected vide Courts order dated 09.04.2001 and 8(a) to (c), 9 and 10 stood rejected vide order dated 24.06.2014, then incompetency matter be

Patna High Court FA No.274 of 1982(68) dt.12-01-2023 2/2 considered at the time of final hearing as per order dated 04.08.2014. Later on, one I.A. No.10 of 2022 has been filed on behalf of the respondents for declaration that this appeal has abated.

Be that as it may, since no one is appearing for the appellants, this appeal being more than 41 years old is dismissed under Order XLI Rule 17 of the Code of Civil Procedure. (Rajeev Ranjan Prasad, J) arvind/- U