Ramekwal Mishra v. Chhedi Mishra And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.10 of 2002 ====================================================== Ramekwal Mishra, son of Jagdeo Mishra, resident of Village Andahara, Police Station Parsauni and District Sitamarhi .... Plaintiff ..... Appellant .... .... Appellant
Versus
1. Sri Ram Ayodhya Mishra, son of Chhedi Mishra
2. Chandradeo Mishra, son of Deonandan Mishra
3. Kapileshwar Mishra, son of Ramsarup Mishra 4(i). Shakuntala Kunwar, wife of Satyanarain Mishra 4(ii). Anil Kumar 4(iii). Sunil Kumar 4(iv). Sushil Kumar, 4(v). Sudhir Kumar, all sons of Satyanarain Mishra All residents of Village Parsauni Dhanwar, P.S. Parsauni, District Sitamarhi 4(v). Vibha Kumari Devi, wife of Krishna Nandan Singh, daughter of Satyanarain Mishra, resident of Village Rasalpur, P.S. Dumra, District Sitamarhi ............. Defendant .............. Respondents .... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Partha Sarthy Mr. Manish Kumar For the Respondent/s : Mr. Gyan Chandra Roy Mr. V.R.P.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 23-02-2016 Heard Mr. Partha Sarthy, learned Counsel appearing for the appellant.
From perusal of the office note it transpires that this appeal has stood dismissed for default as against respondent No. 4(iv) for non-compliance of the peremptory order.
From perusal of the records as well as the submission on behalf of the appellant it transpires that the appellant was the plaintiff in the court below and the present second appeal has been filed against the judgment and decree of affirmance. Respondent No.
Patna High Court SA No.10 of 2002 (17) dt.23-02-2016 4(iv) was one of the heirs of defendant-respondent No. 4. In this view of the matter, after dismissal of this appeal as against respondent No. 4(iv), proceeding further with this appeal may result in inconsistent orders or conflicting decrees. As such, this appeal is dismissed as incompetent. (V. Nath, J.) Snkumar/- U