Smt.Premlata Gupta And ANR v. Sanjit Kumar Gupta And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.63 of 2009 ====================================================== SMT.PREMLATA GUPTA and ANR ... ... Appellant/s

Versus

SANJIT KUMAR GUPTA and ORS ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Anil Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2019 This appeal has already been dismissed against respondent nos.1, 5, 6 and legal heirs of respondent no.2 due to non-compliance of peremptory order dated 21.03.2017. The plaintiff filed the suit for declaration of title over the disputed land and for declaration that the gift deed dated 03.05.1999 executed by Shanti Devi in favour of Premlata is illegal, void and not acted upon. The suit was decreed. Respondent no.1 is the plaintiff. The appeal has already been dismissed against respondent nos.1, 5, 6 and legal heirs of respondent no.2. Therefore, the judgment is inseparable and in order to avoid contradictory judgment, the appeal as a whole has to be dismissed.

Accordingly, this second appeal as a whole is dismissed.

(Prabhat Kumar Jha, J) Harish/- U