Surendra Singh v. Ram Sawarath Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.264 of 2011 ====================================================== Surendra Singh, son of Late Ramdeo Singh, resident of Village Murautpur, Via Mahnar, P.S. Desari, District Vaishali .... .... Appellant
Versus
1. Ram Sawarath Singh, son of Late Mahadeo Singh, resident of Village Kharijama, P.O. & P.S. Mahnar, District Vaishali. ........... Appellant ....... Respondent
2. Ram Chandra Singh, son of Late Ramdeo Singh, resident of Village Murautpur @ Kurauatpur through Mahnar, P.S. Desari, District Vaishali.
............ Defendant ........... Respondent .... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr. Subodh Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 01-07-2015 Heard Mr. Naresh Chandra Verma, learned Counsel for the appellant and Mr. Subodh Kumar Jha, learned Counsel for respondent no.1.
The office has pointed out that this appeal has stood dismissed for default against respondent no. 2 Ram Chandra Singh. In view of the statement on behalf of the parties that the said Ram Chandra Singh had already transferred his interest in the suit property in favour of respondent no. 1 by a sale deed prior to the filing of the suit and he had been added as proforma defendant in the suit, the dismissal of this appeal as against him will have no impact on the competency of this appeal in presence of his purchaser respondent no. 1.
Learned Counsel for rhe appellant and learned Counsel for respondent no. 1 Ram Swarath Singh have jointly submitted that the
Patna High Court SA No.264 of 2011 (12) dt.01-07-2015 parties have settled their dispute and have entered into a compromise and a compromise petition has been filed as contained in I.A. No. 4132 of 2015.
In view of the aforesaid stand of the learned Counsel for the parties this appeal is disposed of in terms of the compromise as evident from I.A. No. 4132 of 2015 which shall form part of this order. This appeal is accordingly disposed of.
(V. Nath, J.) Snkumar/- U