Lakhan Mahto @ Lakhan Pd. Andors v. Awadhesh Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No. 279 of 1996 ====================================================== Lakhan Mahto @ Lakhan Pd. & Ors .... .... Appellant/s

Versus

Awadhesh Mahto & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajiv Ranjan Sinha Mr. Uma Shankar Prasad Singh For the Respondent/s : Mr. Naresh Dass Mr. R.K.P.Singh Mr. Bal Bhushan Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-09-2017 No one appears on behalf of the appellants.

Learned counsel for the respondent no. 1 is appearing.

The office note dated 01.09.2017 reveals that the appeal stood dismissed for non-compliance of peremptory order against respondent nos. 2, 3 and 4 on 18.08.2017. Now the Registry has placed the file for necessary order as to whether this appeal would abate as a whole or only against respondent nos. 2, 3 and 4.

This appeal is against the judgment and decree of reversal of the judgment and decree of the trial court. Apparently, the judgment of the lower appellate court was in favour of the respondents. Hence, this appeal cannot be disposed of without hearing all the respondents.

Accordingly, the appeal stands abated as a whole. (Birendra Kumar, J) Kundan/- U T