Ramashray Singh And ORS v. Smt.Ghurani Devi And ORS

Patna High Court FA No.348 of 1985 (12) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.348 of 1985 ====================================================== Ramashray Singh & Ors .... .... Appellant/s

Versus

Smt.Ghurni Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Basant Kr.Chy. Mr. Shyam Kishore Sharma Mr. Jayanandan Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-09-2016 Perused the office note dated 19.09.2016, the order dated 17.08.2016 and the office note dated 08.08.2016. It appears that the appeal has already been dismissed against respondents mentioned in the office note dated 08.08.2016 including the respondent Nos.3 and 4.

From perusal of the impugned judgment, it appears that the suit was contested by the defendant Nos.3 and 4 by filing joint written statement and the plaintiff-appellant's suit for partition has been dismissed on contest by the said defendants. In view of the above facts and circumstances of the case, now in absence of the defendant-respondent Nos.3 and 4, the judgment and decree impugned in this First Appeal neither can be set aside nor can be modified nor can be altered. Therefore, the

Patna High Court FA No.348 of 1985 (12) dt.20-09-2016 whole appeal has become incompetent.

Thus, this First Appeal is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U