Kameshwar Singh v. Upendra Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.44 of 2020 ====================================================== Kameshwar Singh Son of Late Kailash Singh Resident of Village Mastul Barun, Police Station Barun, District- Aurangabad State Bihar. ... ... Appellant/s

Versus

1.

Upendra Singh Son of Sri Yamuna Singh Resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar. 2.

Aadarsh Kumar (Minor) Son of Upendra Singh Under guardianship of his father Upendra Singh Added vide or dated. 2.5.15, Resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar. 3.

Jitendra Singh Son of Sri Yamuna Singh Resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar. 4.

Yamuna Singh Son of Late Harihar Singh Resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar. 5.

Smt. Reshmi Devi Wife of Sri Yamuna Singh Resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar. 6.

Smt. Chinta Devi Daughter of Shri Yamuna Singh Resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar. 7.

Smt. Soni Devi Daughter of Shri Yamuna Singh Resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar. 8.

Smt. Kiran Devi Jitendra Singh Under guardianship of Jitendra Singh, resident of Village Baroondih, Police Station Baroondih, DistrictAurangabad State Bihar. 9.

Satyam Kumar (Minor) Son of Jitendra Singh Under guardianship of their father Jitendra Singh, resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar.

10.

Shivam Kumar (Minor) Son of Jitendra Singh Under guardianship of their father Jitendra Singh, resident of Village Baroondih, Police Station Baroondih, District- Aurangabad State Bihar.

11.

Sanjay Singh Son of Late Kailash Singh Resident of Baroon Bazar, Police Station Baroon, District- Aurangabad.

12.

Mohan Lal Gupta Son of Jagarnath Gupta Resident of Baroon Bazar, Police Station Baroon, District- Aurangabad.

13.

Rajesh Kumar Gupta Son of Late Jagarnath Prasad Gupta Resident of Baroon Bazar, Police Station Baroon, District- Aurangabad. 14.

Dr. Vijay Kumar Gupta Son of Jagarnath Prasad Gupta Resident of Baroon Bazar, Police Station Baroon, District- Aurangabad. 15.

Mohan Prasad Gupta Son of Shiv Prasad Gupta Resident of Village Khamda, Police Station Baroon, District- Aurangabad. 16.

Jagarnath Gupta Son of Rajaram Sao Resident of Village Khamda, Police Station Baroon, District- Aurangabad.

17.

Birendra Singh Son of Ram Prakash Singh Resident of Village Mastul

Patna High Court FA No.44 of 2020(3) dt.06-01-2023 2/3 Baroon, Police Station Baroon, District- Aurangabad. 18.

Ramdahin Singh Son of Mosafir Singh Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad.

19.

Indu Devi Wife of Ram Surith Singh Resident of Village Baroon Dih, Police Station Baroon, District- Aurangabad.

20.

Jagdip Singh Son of Ram Bilash Singh Resident of Village Baroon Dih, Police Station Baroon, District- Aurangabad.

21.

Jagdish Singh Son of Ram Bilash Singh Resident of Village Baroon Dih, Police Station Baroon, District- Aurangabad.

22.

Bharath Singh Son of Ramautar Singh Resident of Village Baroon Dih, Police Station Baroon, District- Aurangabad.

23.

Arun Kumar Gupta Son of Jagarnath Prasad Gupta Resident of Village Baroon Bazar, Police Station Baroon, District- Aurangabad. 24.

Surajdeo Singh Son of Late Brameshwar Singh Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad. 25.

Amrawati Devi Wife of Arvind Pandey Resident of Village Mita, Police Station Sone Nagar, District- Aurangabad.

26.

Ananadi Singh Son of Surajdeo Singh Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad.

27.

Kamla Devi Wife of Hari Mahto Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad.

28.

Hari Mahto Son of Tirjan Mahto Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad.

29.

Jhari Mahto Son of Tirjan Mahto Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad.

30.

Ranti Mahto Son of Tirjan Mahto Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad.

31.

Rajendra Singh Son of Late Parmeshwar Singh Resident of Village Mastul Baroon, Police Station Baroon, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Tej Narayan Singh For the State :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-01-2023 Heard learned counsel for the parties.

In view of the office notes dated 04.01.2023, I have considered the maintainability issue.

Patna High Court FA No.44 of 2020(3) dt.06-01-2023 3/3 The learned counsel for the appellants seeks permission to withdraw this appeal with a liberty to file an appeal before the District and Sessions Judge concerned. If the appeal is filed within 90 days from today before the District Judge, Aurangabad, then the delay shall be condoned. With the aforesaid observations and directions, this application is allowed.

(Sandeep Kumar, J) Sunnykr/Saif U