Chandeshwar Rai And ANR v. Khairoon Bibi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.29 of 1995 ====================================================== CHANDESHWAR RAI and ANR ... ... Appellant/s

Versus

KHAIROON BIBI and ORS ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None For the Respondent/s :

Mr.- ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2019 Nobody appears on behalf of the appellants.

Plaintiffs-respondents are appellants. Plaintiff filed the suit for recovery of possession of the suit land and cancellation of deed of gift dated 17.11.1984 executed in favour of defendant no.2 by Abdul Sattar Miyan who was original defendant no.1. The suit was decreed but the appeal preferred by the defendants Khairoon Bibi and others, appellants in Title Appeal No.11 of 1993 was allowed and held that the plaintiff has got no title over the land. The plaintiff preferred the second appeal. The second appeal stood dismissed against substituted legal heirs of respondent no.3 on account of non-compliance of the peremptory order. It is evident that the same and similar relief is sought for against all the three respondents. In this view of the fact, once the appeal stood dismissed against substituted legal heirs of respondent no.3, the

Patna High Court SA No.29 of 1995(14) dt.07-02-2019 2/2 appeal shall not survive against respondents no.1 and 2 also. Accordingly, this appeal as a whole is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U