Baidyanath Pd.And ORS v. Parshuram Pd.And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.647 of 1984 ====================================================== Baidyanath Pd.& Ors .... .... Appellant/s

Versus

Parshuram Pd.& Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bishwanath Pd. Mr. D. Nath Mr. Gopal Pd.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-08-2016 Perused the office note dated 05.08.2016.

It appears that on 16.12.2015, the appellant was directed to take steps for appeal notice on respondent No.1 to 18 in ordinary process. When the said order was not complied with, the Bench directed the appellant on 15th February, 2016 to comply the said order within two weeks but again when the order of the Bench was not complied with again on 02.05.2016, the Bench directed to comply the said order within next one month but still today the order has not been complied with. Therefore, the appeal is dismissed against the respondent No.1 to 18 for non-compliance of the repeated orders.

From perusal of the memo of appeal, it appears that there are only 18 respondents against whom the appeal has been

Patna High Court FA No.647 of 1984 (18) dt.08-08-2016 2/2 dismissed. Therefore, this First Appeal has now become incompetent and there is no one to defend the appeal and in absence of the contesting respondent, the appeal cannot proceed. Thus, the First Appeal itself is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U