Harendra Gond v. Most. Deoki

Patna High Court SA No.44 of 1998 (12) dt.17-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.44 of 1998 ====================================================== Harendra Gond,, son of Late Sukhdeo Gond@ Sukhed Gond, resident of Village Pakawalia, Post office Machakana, Police Station Ander, District Siwan .... .... Appellant

Versus

1. Most. Deoki, wife of Baleshwar Gond, daughter of Sukhari Gond, resident of Village Mirzapur, Police Station Raghunathpur, District Siwan

2. Most. Kewali,wife of Ram Balak Gond, resident of Piparahiya, Police Station Darauli, District Siwan

3. Jagdeo Gond, son of Dhari Gond, resident of Village Pakawalia, Post office Machakana, Police Station Ander, District Siwan .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Rajendra Narain Mr. Lakhan Chandra Roy Mr. Anju Narain For the Respondent/s : Mr. Rakesh Kumar Mr. Sanjay Tripathy ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 17-07-2015 Heard learned Counsel for the appellant.

Perused the office note, from which it transpires that this appeal has stood dismissed as against respondent no. 3. Learned Counsel for the appellant has submitted that respondent no. 3 was a necessary party to this appeal as the matter arises out of a suit for partition. In this view of the matter, this appeal now cannot proceed against the remaining respondents on record. As such, this appeal is dismissed as incompetent. Snkumar/- (V. Nath, J.) U