Satya Narayan Prasad And ORS v. Badri Narayan Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2033 of 1998 Arising out of First Appeal No. 625 of 1979 =========================================================== Satya Narayan Prasad & Ors .... .... Petitioner/s

Versus

Badri Narayan Prasad & Ors .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 01-08-2017 This application has been filed under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure. The application was filed on 6th of July, 1998 and the prayer made in the application was for quashing and modifying a compromise decree passed on 16.05.1985 in pursuance to an order passed on 01.03.1985 by a Division Bench of this Court in First Appeal No. 625 of 1979.

The matter was compromised in the year 1985. The application for rectification or challenge to the compromise made in the year 1998. The matter is pending since 1998 and when the case is taken up, none is present for the parties. It seems that with the passage of time and due to the developments that might have taken place in

Patna High Court MJC No.2033 of 1998 dt.01-08-2017 2/2 the matter, none is interested in prosecuting the matter any further now after a period of 20 years.

Keeping in view the aforesaid, we dismiss the application.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 03.08.2017 Transmission Date