Patna High CourtSA/360/1988dismissed

Nageshwar Shing And ORS v. Devanand Jha And ORS

2015-01-09Mr. Justice V. Nath2 pages

Patna High Court SA No.360 of 1988 (12) dt.09-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.360 of 1988 ======================================================

1. Nageshwar Singh, Son of Late Ram Pukar Singh.

2. a. Indrasan Devi, Wife of Late Satya Narayan Singh. b. Naresh Kumar Singh, Son of Late Satya Narayan Singh. c. Trilok Prasad Singh, Son of Late Satya Narayan Singh. d. Prabhas Kumar Singh, Son of Late Satya Narayan Singh. e. Abhas Kumar Singh, Son of Late Satya Narayan Singh. f. Vikash Prasad Singh, Son of Late Satya Narayan Singh. g. Beby Kumari, D/o Late Satya Narayan Singh. All residents of village and P.O. -Bhith Bhagwanpur, P.S.-Madhepur, District-Madhubani. ---Plaintiffs-Appellants-Appellants.

Versus

1. Devanand Jha, Son of Late Satyadeo Jha.(since deceased)

2. Thakkan Jha, Son of Late Satyadeo Jha .(since deceased)

3. Bhabanand Jha, Son of Late Satyadeo Jha .(since deceased)

4. Babu Saheb Jha, Son of Devanand Jha.

5. Smt Goria Devi, D/o Devanand Jha.

6. Indranand Jha, Son of Devanand Jha.

7. Gopal Jha, Son of Devanand Jha.

All residents of village and P.O. -Bhith Bhagwanpur, P.S.-Madhepur, District-Madhubani .--Defendants-Respondents)-Respondents. ===================================================== Appearance :

For the Appellant/s : Mr. H.K.Thakur Mr. Dharmesh Kumar For the Respondent/s : Mr. Satish Chandra Jha Mr. Nadhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 09-01-2015 The learned counsel for the appellants has fairly submitted that this appeal cannot proceed in absence of the heirs of the deceased respondent nos. 1, 2 and 3 with regard to whom

Patna High Court SA No.360 of 1988 (12) dt.09-01-2015 the opportunity was earlier given to the appellants to take appropriate steps in view of their status as reported to be deceased but no such steps have been taken.

In view of the aforesaid submission and facts of the case, this appeal is dismissed as incompetent. (V. Nath, J) Nitesh/- U