Pathaloo Mahto And ORS v. Lukhia Devi And ORS

Patna High Court SA No.78 of 2004 (18) dt.28-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.78 of 2004 ======================================================

1. Pathaloo Mahto

2. Rajinder Mahto

3. Mahinder Mahto, all sons of Late Bhola Mahto

4. Ram Ashish Mahto, son of Late Paltu Mahto All resident of Village Sutihara, P.S. Chhapra Magh, P.S. Sadar, District Muzaffarpur ................. Defendants ............ Respondents .... .... Appellants

Versus

1. Lukhia Devi, wife of Late Shankar Mahto

2. Jitendra Kumar, son of Late Shankar Mahto

3. Chandrakala Kumari

4. Krishna Kumari, both daughters of Late Shankar Mahto All residents of Village Sutihara, P.S. Chhapra Magh, P.S. Sadar, District Muzaffarpur ................ Plaintiffs .......... Appellants .... .... Respondents ====================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 28-01-2016 Nobody again appears on behalf of the appellants or the respondents.

Perused the office note, from which it transpires that this appeal stood dismissed as against respondent Nos. 2 to 4. It further appears that respondent Nos. 2 to 4 were plaintiffs in the suit and the appellants in the present appeal were defendants.

After dismissal of this appeal as against respondent Nos. 2 to 4, proceeding further with this appeal may result in inconsistent orders and conflicting decrees. As such, this appeal is dismissed as incompetent.

Snkumar/- (V. Nath, J.) U