Mukhtar Ahmad And ANR v. Moshtaque Ahmed

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.281 of 1988 ====================================================== Mukhtar Ahmad & Anr .... .... Appellant/s

Versus

Moshtaque Ahmed .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ramashish Mr. Abdul Moid Mr. .

Mr. .

Mr. .

Mr. .

For the Respondent/s : Mr. Sudhir Kr.Bijpuria Mr. Kali Das Chatterjee Mr. M.Ahsan Shahabuddin Mr. S.A.Nasar Warsi Mr. Shyam Kishore Sharma -1 Mr. Girish Pd.Gupta Mr. Ram Sewak Choudhary Mr. Kameshwar Prasad Singh Mr. Syed Naiyer Ali Mr. Raj Nandan Prasad Mr. Obaidur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-03-2017 Perused the office note dated 16.03.2017.

Nobody appeared on behalf of the appellants.

It appears that the partition suit filed by the plaintiffsappellants has been dismissed. From perusal of the impugned judgment, it appears that defendant no.6 was Bibi Maimuna Khatoon, who is respondent no.6 in this first appeal. She had filed contesting written statement. According to the office note, the first

Patna High Court FA No.281 of 1988 (26) dt.17-03-2017 appeal has been dismissed against her along with other respondents mentioned in the office note dated 16.03.2017. Now, therefore, in absence of contesting defendant-respondent no.6, Bibi Maimuna Khatoon the impugned judgment and decree neither can be altered nor can be modified nor can be set aside. Therefore, this first appeal has become incompetent. Accordingly, this first appeal is dismissed.

(Mungeshwar Sahoo, J) Harish/- U