Gyani Yadav And ORS v. Chit Narayan Yadav And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
SECOND APPEAL No.70 of 2011 ======================================================
1. Gyani Yadav, son of Achho Yadav alias Achhe Yadav.
2. Jay Jay Ram Yadav
3. Hare Ram Yadav Both sons of late Kamal Yadav.
4. Most. Sita Devi wife of late Kamal Yadav.
5. Durga Devi.
6. Gayatri Devi.
Both daughters of late Kamal Yadav.
All residents of village Gobargarha, Police Station and District Saharsa.
... ... Defendants/Appellant/s
Versus
1. Chit Narayan Yadav
2. Maheshwar Yadav
3. Rajo Yadav All sons of late Thithar Yadav
4. Kishore Yadav alias Kisho Yadav
5. Birendra Yadav
6. Bijal Yadav
7. Kudo Yadav Nos. 4 to 7 sons of late Bhubneshwar Yadav
8. Shivo Yadav son of late Raudi Yadav
9. Chandeshwari Yadav, son of late Rasiya Mandal alias Raso Yadav
10. Deo Narayan Yadav
11. Bhupendra Yadav
12. Surya Narayan Yadav Nos. 10 to 12 sons of late Gosai Yadav
13. Shukho Yadav 14 Rajendra Yadav
15. Yogendra Yadav
16. Gajendra Yadav Nos. 13 to 16 sons of late Dahu Yadav
17. Shambhu Yadav son of late Paro Yadav
18. Bano Yadav
19. Raja Ram Yadav
20. Ramesh Yadav sons of late Agamlal Yadav
21. Most. Sahogiya Devi wife of late Agamlal Yadav
22. Rekha Devi daughter of late Agamlal Yadav and wife of Yogendra Yadav
23. Sulekha Devi daughter of late Agamlal Yadav and wife of Arbind Yadav
24. Naulekha Devi daughter of late Agamlal Yadav and wife of Bechan Yadav
Patna High Court SA No.70 of 2011(6) dt.12-09-2023 2/3 All residents of village Gobargarha, Police Station and District Saharsa.
... Plaintiffs/Respondents/Respondents 1st party.
25. Maheshwar Jha son of late Bhubneshwar Jha
26. Most Kiran Jha wife of late Avinash Jha, son of late Bhubneshwar Jha
27. Bhagwati Jha son of late Fuleshwar Jha All residents of village Okahi alias Dorma, Police Station Bihra, District Saharsa.
...Defendants/Respondents/Respondents 2nd party. ====================================================== Appearance :
For the Appellant/s :
None For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-09-2023 No one is present on behalf of the appellants.
2. It appears from the record that earlier this appeal had been dismissed for non-compliance of the order of the Court dated 15.10.2012 regarding removal of stamp report defects. However, the instant appeal has been restored to its original file vide order dated 05.08.2022 in M.J.C. No. 1615 of 2016.
3. Vide order dated 31.07.2023, on prayer, learned counsel for the appellants was granted four weeks time for removal of the defects and it was clarified that if the defects were not removed within the stipulated period, this appeal would be dismissed.
4. The Office Report dated 30.08.2023 states that the
Patna High Court SA No.70 of 2011(6) dt.12-09-2023 3/3 defect Nos. 1 to 5 vide S.R. dated 15.02.2011 have not been removed despite the aforesaid order. No one is present on behalf of appellants. Accordingly, this appeal is dismissed for nonprosecution/non-compliance. (Sunil Dutta Mishra, J) ashutosh/- U