Patna High CourtMJC/855/2015disposed

Byash Singh And ORS v. Kali Singh And ORS

2015-07-29The Chief Justice,Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.855 of 2015 In Letters Patent Appeal No. 66 of 1993 ======================================================

1. Byash Singh.

2. Sri Ram Singh.

3. Bijay Singh @ Bijay Mahto, all sons of Late Ram Subhag Singh Kushwaha.

4. Dhampato Devi wife of Late Ram Subhag Singh Kushwaha. (1 to 4 substituted in place of Ram Subhag Singh Kushwaha (since deceased) vide order dated 22.3.2001).

5. Hare Ram Singh Kushwaha son of Ram Saurup Singh Kushwaha. All residents of village Daulatpur P.S.Koilwar, District Bhojpur.. .... .... (Plaintiffs-Respondents)/ Petitioner/s

Versus

1. Kali Singh.

2. Dabloo Singh.

3. Most. Sudha Devi wife of Late Jai Kant Singh ( 1 to 3 substituted in place of Jai Kant Singh (since deceased) vide order dated 7.8.2012).

4. Sumitra Devi wife of Late Bijai Singh.

5. Pappu Singh son of Late Bijai Singh.

6. Pinku Singh son of Late Bijai Singh.

7. Sila Devi wife of Late Amar Nath Singh daughter of Late Bijai Singh.

8. Smt. Usha Devi wife of Sri Binod Singh daughter of Late Bijai Singh.

9. Sangita Kumari daughter of Late Bijai Singh (nos. 4 to 9 submitted in place of Bijai Singh (since deceased) vide order dated 22.8.2005) All residents o village Daulatpur, P.S. Koilwar, District Bhojpur. .... .... (Defendants-appellants)/ Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Sinha For the Respondent/s : None ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-07-2015 It is brought to our notice that sale deed was executed by the executing court during the pendency of the First Appeal itself. In that view of the matter, the direction as regards execution of the sale deed by the

Patna High Court MJC No.855 of 2015 (2) dt.29-07-2015 2/2 appellants is deleted. However, the respondents shall be under obligation to pay Rs.25,000/- to the appellants. The MJC stands disposed of.

(L. Narasimha Reddy, CJ) (Gopal Prasad, J) Sunil/- U