Most.Yashoda Devi And ANR v. Vijay Kant Mishra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.154 of 2005 ======================================================

1. Most.Yashoda Devi

2. Most. Chhatia Devi, both wives of Late Rudal Mishra, resident of Village Matiaria, P.S. Harsidhi, P.O. Makhua, District East Champaran ................Plaintiffs ............ Appellants .... .... Appellants

Versus

1. Vijay Kant Mishra

2. Ajay Kant Mishra, both sons of Late Singhasan Mishra

3. Hridyapati Devi

4. Usha Devi, both daughters of Late Singhasan Mishra resident of Village Matiaria, P.S. Harsidhi, P.O. Makhua, District East Champaran .............Defendants ............ Respondents .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Rajendra Narain Mr. Anju Narain For the Respondent/s : Mr.

Mr. Rajesh Ranjan-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 02-09-2015 Heard learned Counsel for the appellants and also perused the office note, wherein it has been pointed out that this appeal has stood dismissed as against respondent No. 3 for failure of the appellants to take steps for substitution of heirs and legal representatives of the deceased respondent No. 3. It transpires that the said respondent No. 3 was also respondent No. 3 in the appellate court below. Learned Counsel for the appellants though has submitted that the persons already on record are representing her interest, but has also submitted that there was no separate relief against the said respondent No. 3 Hriidyapati Devi and the decree is joint and in severable.

Patna High Court SA No.154 of 2005 (13) dt.02-09-2015 In that view of the matter, proceeding further with this appeal may result in inconsistent decree or orders and, as such, this appeal is held to have become incompetent after its dismissal as against respondent N o. 3 and is, accordingly, dismissed. (V. Nath, J.) Snkumar/- U