Ram Bhajan Singh And ORS v. Kailashi Devi @ Kaushalya Devi And ORS

Patna High Court SA No.351 of 1988 (13) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.351 of 1988 ====================================================== Ram Janam Singh through L.Rs & Ors.

.... .... Appellants

Versus

Ram Brikash Mahto through L.Rs & Ors.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr.

Mr. Abbas Haider For the Respondent/s : Mr. A.B.Bihari Srivastava Mr. Anjani Kr. Sinha Mr. Atul Mr. Akhauri Mr. Bipin Bihari Mr. Anjani Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-09-2017 No one appears on behalf of the appellants.

2. Since the appellants did not comply the peremptory order of this Court dated 02.05.2016, whereby the appellants were directed to file requisites for sending notices on the newly substituted heirs of the deceased respondent no.1. The appeal stood dismissed against the substituted heirs of the deceased respondent no.1.

3. Now the file has been placed for necessary order that whether the appeal will abate as against the newly substituted heirs of the deceased respondent no.1 only or it will abate as a whole.

4. This appeal is against the judgment and

Patna High Court SA No.351 of 1988 (13) dt.07-09-2017 decree of reversal of the trial court judgment. Apparently first appellate court's judgment is in favour of the respondent no.1 and other respondents. Hence no order can be passed in absence of the heirs and legal representatives of the deceased respondent no.1.

5. Accordingly, this appeal stands abated as a whole.

(Birendra Kumar, J) Nitesh/- U