Bibi Jamila And ANR v. Bibi Hasina And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.355 of 1992 ======================================================

1. Bibi Jamila, wife of Ali Hasan Khan and daughter of Late Usman Khan, Resident of Village Jaspur, P.S. Fatehpur, Dist. Gaya. At present, Village Dharhara Kalan, P.S. and P.O. Fatehpur, Dist. Gaya.

2. Bibi Samida, Wife of Mokim Khan and daughter of Late Usman Khan, resident of Village Banabigha, P.S. Wazirganj, Dist. Gaya. At present Village Dharhara Kalan, P.S. and P.O. Fatehpur, Dist. Gaya. ... ... Appellant/s

Versus

1. Bibi Hasina, Wife of Sharfu Khan and daughter of Usman Khan, resident of Village Katra, P.S. Fatehpur, Dist. Gaya at present, Village Dharhara Kalan, P.S. and P.O. Fatehpur, Dist. Gaya. (since dead)

2. Mosst. Bibi Kitawan, Widow of Late Ghulam Rasoon Khan.

3. Hasim Khan, son of late Ghulam Rasool Khan

4. Malola Khatoon, daughter of late Ghulam Rasool Khan. All residents of villae Dharhara Kalan, P.S. and P.O. Fatehpur, Dist. Gaya.

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

For the Appellant/s :

None For the Respondent/s :

Mr.Ajay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2024 From perusal of the office notes, it appears that due to non-compliance of the order dated 05.08.2013, the appeal stood abated against the proposed heirs of the deceased respondent no.1.

2. In the facts and circumstances of the case, it is held that the appeal as a whole has become incompetent and

Patna High Court FA No.355 of 1992(21) dt.06-08-2024 2/2 cannot proceed any further.

3. Accordingly, the appeal as a whole stands dismissed, as having become incompetent.

(Rudra Prakash Mishra, J) rishi/- U