Ram Nandan Pd. v. Kamala Pd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.112 of 1986 ====================================================== RAM NANDAN PD., son of Sri Raghunandan Prasad, resident of village and P.O. Naubatpur, P.S. Naubatpur, District Patna (defendant no.14) ... ... Appellant/s

Versus

1. KAMALA PD.

2. Kamta Prasad, sons of Sakhi Ram, deceased residents of village Kasaria Tappa Dulata, P.S. Kesaria, P.O. Kesaria, District East Champaran

3. Anil Kumar Sah, son of Sri Jamuna Prasad Sah, resident of Mohalla Bajajpatti, Motihari, P.O. Motihari, P.S. Motihari, District East Champaran (Plaintiff)

4. Binod Kumar

5. Sri Prakash

6. Jai Prakas

7. Om Prakash

8. Sambhu Prakas, sons of Sri Jaimanga Prasad deceased (original defendant no.15)

9. Mostt. Ganga Devi, wife of Sri Jaimangal Prasad, deceased residents of village, P.O. and P.S. Chorasahan District East Champaran (heirs of defendant no.15)

10. Smt. Indrawati Devi, wife of Sri Sheoshankar Prasad and daughter of Sakhi Ram, resident of village Awasanganj, Benaras city (Uttar Pradesh) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None For the Respondent/s :

Mr. Chitranjan Sinha 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-12-2019 Seen the office note.

From perusal of the office report it is evident that the service report concerning the appellant which was served in accordance with order dated 16.3.2016 divulges death of the appellant.

That being so, let this appeal be dismissed as abated on account of non-prosecution as, neither learned counsel are available nor substitution has been affected.

(Aditya Kumar Trivedi, J) Surendra/- U