Brij Nath Sah v. Hari Charan Sah And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.39 of 2010 ====================================================== BRIJ NATH SAH ... ... Appellant/s

Versus

HARI CHARAN SAH and ORS.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Deo Raj Kumar Prasad For the Respondent/s :

Mr.Md.Ataul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2019 The second appeal has already been dismissed against the heirs of deceased respondent nos.1, 2 and 3. Office has placed this record whether this appeal will proceed further in absence of the heirs of deceased respondent nos.1, 2 and 3. The plaintiff is respondent no.1. Respondent nos.2 and 3 are defendants 2nd party. The plaintiff filed the suit claiming that he is entitled to get 1/5th share in Schedule I property and 1⁄2 share in Schedule II property. The suit was decreed. The defendant 1st party is the appellant. Since the second appeal has already been dismissed against the heirs of respondent nos.1, 2 and 3, the appeal has to be dismissed as a whole. Accordingly, the second appeal as a whole is dismissed. (Prabhat Kumar Jha, J) Harish/- U