Jamuna Nonia v. Jogeshwar Bhagat And ANR

Patna High Court SA No.621 of 1991 (9) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.621 of 1991 ====================================================== Jamuna Nonia, son of Babulal Nonia, resident of Village Ubadhi, Prag. Ander, P.O. Chhitauli, P.S. Siwan, District Siwan .... Defendant ..... Appellant .... .... Appellant

Versus

1. Jogeshwar Bhagat, son of Kamleshwar Bhagat 2(i). Dhira Devi, wife of Bali Bhagat 2(ii). Sheo Nath Bhagat, son of Bali Bhagat All residents of Village Ubadhi, Prag. Ander, P.O. Chhitauli, P.S. Siwan, District Siwan ......... Plaintiffs ........ Respondents .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Harendra Narain Sinha Mr. Rekha Prasad For the Respondent/s : Mr. Raghav Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 09-03-2016 Mrs. Rekha Prasad, learned Counsel appearing for the appellant, has submitted that according to her instruction the sole appellant is dead. It has been further submitted that the learned Counsel has no instruction further with regard to the same. It appears from the order dated 23.2.2016 that the said statement by the learned Counsel for the appellant was taken into notice, but the matter was adjourned for two weeks. As there is no appellant now in the present appeal, this appeal is dismissed as incompetent.

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