Patna High CourtSA/380/1988dismissed

Ramdeo Bind And ORS v. Most.Lakshmunia And ORS

2015-02-18Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.380 of 1988 ======================================================

1. Ramdeo Bind, son of Shira Bind

2. Ramlal Bind

3. Garib Bind, both sons of Ramdeo Bind Residents of Village Ruiyan Tola Mahuabari, PS Bhabhua, District Rohtas ............. Defendants .......... Appellants .... .... Appellants

Versus

1. Most.Lakshmunia, widow of Naga Bind

2. Bechani, daughter of Naga Bind and wife of Bishundhari Bind, both residents of Village Ruiyan Tola Mahuabari, PS Bhabhua, District Rohtas

3. Jokhari, daughter of Naga Bind and wife of Begu Bind, resident of Village Ruiyan Tola Mahuabari, PS Bhabhua, District Rohtas, at present residing at Village Pangaiyan, PS Bhabhua, District Rohtas ................... Plaintiffs ....... Respondents .... Respondents lst set

4. Murahia, wife of Somaru Bind, resident of Village Betri, PS Bhabhua, District Rohtas

5. Bogia, wife of Jagdish Bind alias Sheojag Bind, resident of Village Saraila, PS Gazipur (now Dildarnagar), District Gazipur (Uttar Pradesh) ............ Defendants .......Respondents... Respondents 2nd set .... .... Respondents ====================================================== Appearance :

For the Appellant/s : None For the Respondent/s : Mr. Cakarvarti Sing ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 18-02-2015 Nobody appears on behalf of the appellants in spite of repeated calls.

Perused the office notes, from which it transpires that this appeal has stood dismissed as against respondent nos. 2 to 5 for non compliance of the peremptory order. From the memo of appeal it transpires that this appeal has arisen out of a suit for partition, in which respondent nos. 2 and 3 were plaintiffs and respondent nos. 4 and 5 were defendants.

After dismissal of this appeal as against respondent nos. 2 to

Patna High Court SA No.380 of 1988 (8) dt.18-02-2015 5, proceeding further in this appeal may result in chances of conflicting decrees and orders and as such this appeal is dismissed as incompetent.

(V. Nath, J.) Snkumar/- U