Rai Krishna Kumar Sinha v. Anuradha Rani Mishra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.249 of 1992 ====================================================== RAI KRISHNA KUMAR SINHA ... ... Appellant/s

Versus

Anuradha Rani Mishra and Ors ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nand Kishore Prasad Sinha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 The appeal has already been dismissed on 24.01.2019 against respondent nos.1 and 2. The office has placed this second appeal whether the second appeal will proceed further against the other respondents.

The plaintiff is the appellant. The plaintiff filed the suit for grant of mandatory injunction against the defendants and to remove iron rod fixed in the southern wall of the house of the plaintiff and also to remove encroachment over 3 feet gap. The suit was dismissed. The judgment is inseparable and, therefore, in order to avoid contradictory judgment, the appeal as a whole has to be dismissed. Accordingly, the second appeal as a whole is dismissed.

(Prabhat Kumar Jha, J) Harish/- U