Shambhu Sharan Sharma And ANR v. Janak Prasad Sharma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.481 of 1992 ====================================================== Shambhu Sharan Sharma & Anr .... .... Appellant/s

Versus

Late Janak Prasad Sharma through L.Rs. & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Binod Kumar Singh Mr. Arvind Kumar Tewary Mr. Shiv Kumar For the Respondent/s : Mr. Narendra Prasad Singh Mr. Satish Kumar Sinha Mr. S.P.Srivastava Mr. S.Upadhyaya Mr. S.S.Choudhury Mr. Gopal Govind Mishra Mr. Kundan Kumar Mishra Mr. Md.Shubhani Hassan Mr. Shakti Suman Kumar Mr. Rajesh Ranjan-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-09-2017 No one appears on behalf of the appellants.

The office note dated 13.09.2017 reveals that the appeal has already been dismissed against the substituted heirs of deceased respondent no.1 for noncompliance of the peremptory order. Now necessary order has been sought for as to whether the appeal would abate only against the legal heirs of respondent no.1 or as a whole. This appeal is against the judgment and decree passed in a partition suit. Hence, cannot proceed in

Patna High Court SA No.481 of 1992 (25) dt.14-09-2017 absence of the legal heirs of the deceased respondents. As such, it would abate as a whole.

Accordingly, it stands dismissed as abated.

(Birendra Kumar, J) Nitesh/- U