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Patna High CourtC.Misc./21/2018withdrawn

Mostt. Ramawati Devi And ORS v. Prabhat Kumar Singh And ANR

2022-08-03Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.21 of 2018 ====================================================== 1.

Mostt. Ramawati Devi and Ors wife of Late Radha Krishna Upadhyay. 2.

Ramjee Upadhyay, son of Late Radha Krishna Upadhyay. 3.

Sanjiv Kumar Upadhyay, son of Late Radha Krishna Upadhyay. 4.

Sanju Devi, daughter of Late Radha Krishna Upadhyay, All residents of Babu Bazar Anar Gali, P.O.- Ara, P.S.- Ara Town, District- Bhojpur. ... ... Petitioner/s

Versus

1.

Prabhat Kumar Singh and Anr son of Late Jagdish Singh, resident of Mohalla- Babu Bazar Anar Gali, P.O.- Ara, P.S.- Ara Town, DistrictBhojpur, PIN- 802301. 2.

Shivaji Singh, son of Late Abanish Prasad Singh, resident of Gajiapur, P.S.- Barhara Krishnagarh, District- Bhojpur, At president resident of MohallaKailaspuri, Moghal Sarai, P.O.- Moghal Sarai, District- Chandauli Uttar Pradesh, Pin- 232101.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Chandra Sinha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-08-2022 Learned counsel for the petitioners submits that since the Plaintiff No. 2/Respondent No. 2 herein has died during pendency of this application, this application has become infructuous. Accordingly, he seeks permission to withdraw the application.

Permission is granted.

Accordingly, this application is dismissed as withdrawn.

The Interlocutory Application No. 2 of 2022 filed by

Patna High Court C.Misc. No.21 of 2018(3) dt.03-08-2022 2/2 the petitioners for expunging the name of Respondent No.2 and for substituting his legal heirs, stands dismissed. (Anil Kumar Sinha, J) S.Ali/- U