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Patna High CourtFA/232/2005dismissed

Arjun Singh, v. Ramdat Singh,

2024-09-05Mr. Justice Rajesh Kumar Verma5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.232 of 2005 1.

Arjun Singh, Son of late Sheo Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 2.

Sarvajeet Singh, Son of late Sheo Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 3.

Deomuni Devi Wife of late Dineshwar Singh, Resident of VillagePandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 4.1. Anil Kumar, Son of late Dineshwar Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 4.2. Shukhla , Son of late Dineshwar Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 5.

Parmila Devi, Wife of Sheo Prasad Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 6.

Kanchan Devi, Wife of Sri Nasiblal Yadav, C/o Sitaram Yadav, Resident of Village- Hinduni, P.S. Gompura, P.S. Phulwari District- Patna. 7.

Raghunath Singh, Son of late Jalim Singh, Resident of Village- Ramjeet , P.S. and P.S. Digha, District- Patna.

... ... Appellant/s

Versus

1.

Ramdat Singh, Son of late Bhagwat Singh, Resident of Village2. Ajay Kumar @ Ajay Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village- Hinduni,P.O. Gopalpur, P.S. Phulwarisharif, District- Patna, at Present Adarsh Nagar, near Railway Station, Phulwarisharif, District- Patna. 3.

Vijay Kumar Sinha@ Vijay Narain Sinha, Son of Sri Ramdat Singh, Resident of Village- Hinduni,P.O. Gopalpur, P.S. Phulwarisharif, DistrictPatna, at Present Adarsh Nagar, near Railway Station, Phulwarisharif, District- Patna.

Sanjay Sinha@ Sanjay Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village- Hinduni,P.O. Gopalpur, P.S. Phulwarisharif, District- Patna, at Present Adarsh Nagar, near Railway Station, Phulwarisharif, District- Patna. 5.

Binay Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village6. Abhya Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village-

2/5 ... ... Respondent/s with FIRST APPEAL No. 233 of 2005 1.

Arjun Singh, Son of late Sheo Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 2.

Sarvajeet Singh, Son of late Sheo Singh Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh Deomuni Devi, Wife of late Dineshwar Singh, Resident of VillagePandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 4.1. Anil Kumar, Son of late Dineshwar Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 4.2. Sukhla Son of late Dineshwar Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 8.

Ranjeet Singh, Son of Arjun Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 9.

Ranjan Kumar, Son of Arjun Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 10.

Rajiv Kumar, Son of Arjun Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 11.

Suraj Kumar, Son of Arjun Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 12.

Chhotu Kumar, Son of Sarjeet Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh 13.

Mithilesh Kumar, Son of Sarjeet Singh, Resident of Village- Pandeypur, Telhari, P.S. Kamala Gopalpur, P.S.Maner, District- Patna, at Present Adarsh ... ... Appellant/s

Versus

1.

Ramdat Singh, Son of late Bhagwat Singh, Resident of Village2. Ajay Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village-

3/5 3.

Bijay Narain Sinha, Son of Sri Ramdat Singh, Resident of VillageSanjay Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village5. Binay Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village6. Abhay Kumar Sinha, Son of Sri Ramdat Singh, Resident of Village7. Sabitri Devi, Wife of Parmanand Singh, Resident of Village- Lodipur, P.O. Imamganj, P.S. Jehanabad, District- Patna, Presently Residing at Patliputra Colony, P.S.Patliputra , P.O. Patliputra , District- Patna. 8.

Devanti Devi, Wife of Ram Surat Singh, Resident of Village- Saraiya, P.O. Punpun, P.S.Punpun, District- Patna, at Present Phulwarisharif, Adarsh 9.

Madhu Kumari , Daughter of Kunti Devi, Village- Dawdha, P.O. Deodha, P.S. Dhanarua, District- Patna.

10.

Muni Devi, Wife of Kailash Singh and D/o of Kilashiya Devi, Village- Janki Nagar, P.O. Janki Nagar, P.S. Garkha, District- Chapra. 11.

Sanjeet Kumar Son of Ajay Kumar, Permanent Resident of Village- Hinduni, P.O. Gonpura, P.S. Phulwarisharif, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 12.

Nilu Kumari, Wife of Girish Kumar and D/o of Ramdat Singh, VillageMasaurhi, P.O. and P.s. Masaurhi, District- Patna. 13.

Sanjeet Kumar Son of Ajay Sinha, Permanent Resident of Village- Hinduni, P.O. Gonpura, P.S. Phulwarisharif, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 14.

Manish Kumar, Son of Bijay Narain Singh, Permanent Resident of VillageHinduni, P.O. Gonpura, P.S. Phulwarisharif, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 15.

Nethil Kumar, Son of Bijay Narain Singh, Permanent Resident of VillageHinduni, P.O. Gonpura, P.S. Phulwarisharif, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 16.

Sudhanshu Kumar, Son of Sanjay Kumar Permanent Resident of VillageHinduni, P.O. Gonpura, P.S. Phulwarisharif, District- Patna, at Present Adarsh Nagar near Railway Station Phulwarisharif, District- Patna. 17.

Bhimsen Singh, Son of late Sheo Singh, Resident of Village- Pandeypur Telhari, P.O. Kamala Gopalpur,P.S. Maner, District- Patna, at Present Adarsh 18.

Pramila Devi, Wife of late Sheo Prasad Singh, Resident of Village-

4/5 Bhakhari, P.O. Dhanarua, P.S. Dhanarua, District- Patna. 19.

Dharmendra Kumar, Son of Bhimsen Singh, Resident of Village- Pandeypur Telhari, P.O. Kamala Gopalpur,P.S. Maner, District- Patna, at Present Adarsh 20.

Niranjan Kumar, Son of Bhimsen Singh, Resident of Village- Pandeypur Telhari, P.O. Kamala Gopalpur,P.S. Maner, District- Patna, at Present Adarsh 21.

Kanchan Devi, Wife of Sri Nasibal Yadav, C/o Sitaram Yadav, Son of late Dubhi Rai, Resident of Village- Hinduni, P.O. Gonpura, P.S. Phulwari District- Patna.

22.

Raghunath Singh, Son of late Jalim Singh, Resident of Village- Ramjeet Chak, P.O. and P.S. Digha, District- Patna.

... ... Respondent/s Appearance :

(In FIRST APPEAL No. 232 of 2005) For the Appellant/s :

None For the Respondent/s :

Mr. Indu Bhushan, Advocate (In FIRST APPEAL No. 233 of 2005) For the Appellant/s :

None For the Respondent/s :

Mr. Indu Bhushan, Advocate CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-09-2024 No one appears on behalf of the appellants. However, learned counsel appearing on behalf of the respondents are present.

2. It appears from the record that despite repeated calls, no one appeared on behalf of the appellants from the last four occasions i.e. 02.05.2024, 01.08.2024, 22.08.2024 and 29.08.2024.

3. In view of the aforesaid, this Court has no other option other than to dismiss the present appeal.

5/5

4. Accordingly, the appeal stands dismissed and the injunction granted to the appellants vide order dated 05.09.2007 stands vacated.

(Rajesh Kumar Verma, J) Vanisha/- U