Dhirendra Prasad Sharma And ORS v. Kaeshwar Pandey And ORS

Patna High Court SA No.29 of 2003 (12) dt.20-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.29 of 2003 ====================================================== Dhirendra Prasad Sharma & Ors .... .... Appellant/s

Versus

Kaeshwar Pandey & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mrs. Namrata Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 20-03-2017 On behalf of Mrs. Namarta Mishra, Advocate, appearing for the appellants, it has been stated that the appellants have taken away the brief in the year 2010 itself and now there is no instruction to the said learned Counsel for the appellants. Nobody has appeared on behalf of the appellants. Perused the office note from which it transpires that this appeal has stood dismissed for default as against respondent Nos. 1, 2 and 4. From perusal of the memo of appeal it transpires that the plaintiffs are the appellants in this appeal against the judgment and decree of reversal whereas respondent Nos. 1 and 2 were defendants in the suit.

In that view of the matter, proceeding further with this appeal in absence of respondent Nos. 1 and 2 may result in inconsistent orders and conflicting decrees.

This appeal is accordingly dismissed as incompetent. Snkumar/- (V. Nath, J.) U