Sadrun Nisha v. Sarjug Tanti And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.482 of 1998 ====================================================== Sadrun Nisha .... .... Appellant/s

Versus

Sarjug Tanti & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ved Prakash Mr. Bishweshwar Ram For the Respondent/s : Mr. Jageshwar Prasad Sinha Mr. Jainendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-08-2017 It appears that no body had appeared on behalf of the appellant on 11.11.2005 when this Court dismissed I.A.No. 4580 of 2002, a substitution petition for substitution of legal hears of deceased- respondent no.1, Sarju Tanti. Due to dismissal of the aforesaid substitution petition the appeal abated against respondent no.1.

No one appears on behalf of the appellants.

Now office places notes whether this appeal would abate as a whole or only against deceased respondent no.1. The plaintiff filed this appeal after loosing before both the courts below. The plaintiff had brought the Suit for ejectment. Both the courts below recorded finding that the plaintiff has failed to prove the relationship of landlord and tenant.

Patna High Court SA No.482 of 1998 (16) dt.07-08-2017 2/2 Therefore, in absence of respondent no.1, this appeal cannot proceed. Accordingly the appeal stands abated as a whole. (Birendra Kumar, J) singh/- U