Devendra Singh And ANR v. Madhusudan Singh

Patna High Court SA No.217 of 2014 (7) dt.28-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.217 of 2014 ======================================================

1. Devendra Singh

2. Shankar Singh Both Sons of Sundar Singh Both are resident of Village - Basadhiya, P.S. - Dalsinghsarai, District - Samastipur. .... .... Appellant/s

Versus

1. Madhusudan Singh Son of Sri Kapil Deo Singh Resident of Village - Pagra, P.S. - Dalsinghsarai, District - Samastipur.

2. Ram Pukar Rai Son of Late Sonelal Rai

3. Chhote Lal Rai Son of Late Sonelal Rai Both are resident of Village - Harpur, Purandew @ Keota, P.S. - Dalsinghsarai, District - Samastipur.

4. Shyam Kishore Singh Son of Sri Awadh Singh

5. Subodh Kumar Singh

6. Santosh Kumar Singh Both sons of Shyam Kishore Singh Respondents no. 4 to 6 are resident of Village O. - Pagra, P.S. - Dalsinghsarai, District - Samastipur.

7. Mahesh Prasad Rai Son of Late Chanchal Rai

8. Dayawanti Devi Wife of Mahesh Prasad Rai Both resident of village - Makhtiyarpur, Salkhani, Tola Babupur, P.S. - Dalsinghsarai, District - Samastipur.

9. Baleshwar Chourasai Son of Soman Chaurasia Resident of Village - Chand Dhowk, Tola Barai, P.S. - Ujiarpur, District - Samastipur.

10. Basudev Sah

11. Sankar Sah

12. Vijay Sah

13. Ram Chandra Sah Respondent no. 10 to 13 are sons of Late Ram Charitra Sah

14. Ram Nandan Sah

15. Parmanand Sah Both sons of Late Ram Uchit Sah Respondent no. 10 to 15 are resident of Village - Chaklokma @ Sahikhan, Nawada, P.O. - Chaknawada, P.S. - Dalsinghsarai, District - Samastipur.

16. Munilal Mahto Son of Maharaj Mahto Resident of Village - Paudh, P.S. - Dalsinghsarai, District - Samastipur.

17. Avtari Rai Son of Juta Rai Resident of Village - Harpur, Purandar @ Keuta, P.S. - Dalsinghsarai, District - Samastipur.

18. Md. Nizam Hussain @ Nazim Hussain Son of Late Ali Imam

19. Vivekanand Choudhary Son of Bauve Lal Choudhary Both are resident of Village - Chaknawada, P.S. - Dalsinghsarai, District - Samastipur.

20. Parmeshwar Chourasia Son of Late Soman Chourasia Resident of Village - Chand Chowk, Tola Barahi, P.S. - Ujiarpur, District - Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER

Patna High Court SA No.217 of 2014 (7) dt.28-07-2016 28-07-2016 Nobody appears on behalf of the appellants again. It appears that earlier also nobody appeared on behalf of the appellants. The Interlocutory Application (I.A. No. 6402 of 2014) has been placed for orders today, praying for condonation of delay of one year seven months twenty-six days in filing this appeal. Mr. Bhubneshwar Prasad, the learned Counsel appearing for the respondents, is present and has submitted that no sufficient cause has been made out by the appellants for condonation of such long delay.

As nobody has appeared on behalf of the appellants to press the Interlocutory Application, the said Interlocutory Application (I.A. No. 6402 of 2014) is dismissed as not pressed. In result, this appeal is dismissed as barred by limitation. (V. Nath, J.) Snkumar/- U