Teni Gope And ORS v. Smt.Manorma Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.326 of 1990 ====================================================== Teni Gope and others ... ... Appellants

Versus

Smt.Manorma Devi and others ... ... Respondents ====================================================== Appearance :

For the Appellants :

Mr. Gopaljee, Advocate For the Respondents :

Mr. Madhu Sudan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-03-2023 Re.: I.A. No. 01 of 2023 This interlocutory application has been filed under Section 151 of the Code of Civil Procedure to withdraw this Second Appeal.

Learned counsel for the appellants submit that appellant No. 4 is aged about 77 years old and is only surviving member out of five appellants and all other appellants have been died. It is further submitted that their legal heirs are not interested to contest the appeal nor they are agree to appear in this case. They have not supported the appellant No. 4 nor they have any interest in this instant appeal.

In the aforesaid facts and circumstances and averment made in this application, I.A. No. 01 of 2023 is allowed and accordingly, this Second Appeal is dismissed as withdrawn. (Khatim Reza, J) shanu/- U