Savita Kumari v. Smt. Rekha Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.67 of 2008 ====================================================== SAVITA KUMARI ... ... Appellant/s

Versus

SMT. REKHA DEVI and ORS ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ram Jiban Prasad Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2019 The appeal stood dismissed against respondent Nos.1, 2, 3 and 5.

The plaintiff-respondent No.1 filed the suit for partition and grant of 1/6th share to the plaintiff in the suit land. The suit was partly decreed and the plaintiff was found entitled to get 1/21 share in the suit land. The defendants were also allotted share. The defendants filed appeal against the preliminary decree. The first appellate court set aside the judgment and decree passed in title suit. Savita Kumari, one of the daughters of Jhari Sao, is the appellant. Since the appeal is dismissed against respondent Nos.1, 2, 3 and 5, in order to avoid contradictory judgment, the appeal as a whole has to be dismissed.

Accordingly, this second appeal is dismissed as a whole.

Saurabh/- (Prabhat Kumar Jha, J) U