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Sri Surendar Singh & Ors. vs The State Of Bihar & Anr. on 17 October, 2011

Patna High Court – Orders
Sri Surendar Singh & Ors. vs The State Of Bihar & Anr. on 17 October, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Miscellaneous Appeal No.419 of 2010
         Kailash Devi wife of Shyam Nandan Singh, resident of village
         Jaitpur, P.S. Barhaiya, District Lakhisarai.
                  ...                        ...   Appellant
                                     Versus
     1. The State Of Bihar
     2. Balmiki Prasad Singh, Son of Late Sahdeo Singh, resident of
         village Ganga Sarai, P.S. Barahiya, District Lakhisarai.
                  ...                        ...   Respondents.
                                      with
                      Miscellaneous Appeal No.418 of 2010
     1. Sri Surendar Singh.
     2. Sri Rajendar Singh.
     3. Sri Subodh Singh.
         All sons of late Ram Udgar Singh, resident of village
         Sherpur, P.S. Maranchi, District Patna.
                  ...                        ...   Appellants.
                                     Versus
     1. The State Of Bihar
     2. Balmiki Prasad Singh, Son of Late Sahdeo Singh, resident of
         village Ganga Sarai, P.S. Barhaiya, District Lakhisarai.
                  ...                        ...   Respondents.
                       ----------------------------------

7. 17.10.2011. Since both the appeals arise out of

the common order, both the appeals are being

disposed of by the common order.

The present appeals have been

preferred under Section 299 of India

Succession Act against an order dated

22.10.2009 passed in Probate Case No.17 of

2007 by A.D.J./F.T.C. Vth, Lakhisarai,

whereby the prayer of the appellants for

intervention was dismissed.

Shri Umesh Prasad Singh, learned

Senior Counsel appearing on behalf of

respondent no.2, while referring to averment

made in paragraph-6 of the affidavit filed
2

on behalf of respondent no.2 submits that

during pendency of the present appeals, the

probate case has already been decided by

judgment dated 30.6.2010. He further points

out that a suit vide Title Suit No.76 of

2010 has been preferred for declaration of

the title and confirmation of possession and

same is also pending.

In view of the fact that during

pendency of the present appeals, the probate

case has already been decided, no purpose

would be served in keeping the matter

pending, which were filed primarily for

setting aside of an order whereby prayer for

intervention/addition of party of the

appellant in probate case was rejected.

The court is of the opinion that

both the appeals have now become

infructuous.

Accordingly, both the appeals stand

disposed of.

N.H./                        ( Rakesh Kumar,J.)
 

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