High Court Patna High Court - Orders

Smt.Mala Roy &Amp; Ors vs Most.Kamla Devi &Amp; Ors on 1 December, 2010

Patna High Court – Orders
Smt.Mala Roy &Amp; Ors vs Most.Kamla Devi &Amp; Ors on 1 December, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                        FA No.1032 of 1971
                        SMT.MALA ROY & ORS
                               Versus
                      MOST.KAMLA DEVI & ORS
                             -----------

28. 01.12.2010. Nobody appears on behalf of the appellant.

From perusal of the record, it appears that on

25.11.2010 when this matter was listed, nobody

appeared. Prior to that on 16.11.2010, nobody appeared

on behalf of the appellant. According to the office note,

the Appeal has already been dismissed as against the

minor respondent Nos.6 to 14, 19, 21, 22, 26(D) to 26

(E), 29, 35(II) to 35(IV), 35(VIII), 37, 38, 41 to 45, 60,

62 and 64 to 67 for non-compliance of the Court’s order

dated 10.08.2004. Office has also pointed out that the

Appeal has been dismissed as against some of the minor

appellants also.

It appears that this First Appeal arises out of

partition suit filed by the plaintiff-respondent. The said

suit has been decreed.

In view of the above facts, in my opinion, the

Appeal has become incompetent as abated. Accordingly,

this First Appeal is dismissed as abated.

Sanjeev/-                                         (Mungeshwar Sahoo, J.)