Patna High Court - Orders
Smt.Bharti Devi & Ors vs Amrendra Kr.Sarkar & Ors on 27 September, 2012
Author: V. Nath
Bench: V. Nath
Patna High Court FA No.360 of 1985 (46) dt.27-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.360 of 1985
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Smt.Bharti Devi & Ors
.... .... Appellant/s
Versus
Amrendra Kr.Sarkar & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Arun Kr.Singh -3
For the Respondent/s : Mr. Rajendra Pd. 2
Mr. Sheo Sharan Pd.Singh
Mr. Ritesh Kr.
Mr. Ram Pd.Singh
Mr. Pramod Kumar
Mr. Ritesh Kumar
Mr. Ram Bihun Prasad
Mr. Gaurang Chatterjee
Mr. Abinash Kumar
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
46 27-09-2012The respondent no.4 has filed the Interlocutory application(I.A.No. 8909 of 2011) stating therein that the appeal has become incompetent for want of substitution of the heirs and legal representatives of respondent nos. 1 and 2 who died long back and therefore the prayer has been made that the appeal has become incompetent and be dismissed as such.
The learned counsel appearing on behalf of the appellants has submitted that he requires some time to take instruction in the matter and the appellants may file counter-affidavit/reply, if so advised.
Put up the Interlocutory application after three weeks. In Patna High Court FA No.360 of 1985 (46) dt.27-09-2012 the meantime, the appellants may file counter affidavit/reply, if so advised.
It has been submitted on behalf of the respondents that the disputed premises, which was earlier used as a cinema hall, is handed over to the respondents for performing Durga Puja during Navratra and for that purpose the order dated 16-10-1985 passed in this appeal has also been referred and relied on behalf of the respondents by which the appellants have been directed to hand over the suit premises for certain period for the purpose of performance of Durga Puja. It has further been submitted on behalf of the respondents that after closure of the cinema hall, the suit premises has fallen in disuse and therefore the appellants can easily hand over the possession of the suit premises to the respondents particularly respondent no.5 well in advance of the Puja in order to undertake cleaning etc. for the purpose of performing Puja. . On this basis the respondents have prayed that a direction be given to the appellants to hand over the suit premises in advance to respondent no.5 or its representative for the purpose of cleaning and making it fit for performance of Puja which shall start from 17-10-2012.
The learned counsel appearing on behalf of the appellants has submitted that the appellants have agreed to hand over the Patna High Court FA No.360 of 1985 (46) dt.27-09-2012 keys to respondent no.5 or its representative with the condition that the same must be returned after performance of the Puja on the next day. In view of the statement of the appellants, there is no need to pass direction in this regard. It is expected that appellant no.1 will hand over the keys of the suit premises to respondent no.5 or its representatives well in advance for the performance of Durga Puja in the suit premises, after cleaning up the suit premises.
(V. Nath, J) B.Roy/-