Patna High Court - Orders
Anil Kumar Gupta & Ors. vs Smt. Usha Sharma & Ors. on 28 August, 2014
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.353 of 2013
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Anil Kumar Gupta & Ors.
.... .... Appellant/s
Versus
Smt. Usha Sharma & Ors.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Yogendra Prasad Sinha
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL
ORAL ORDER
7 28-08-2014Mr. Yogendra Prasad Sinha for the appellants and Mr. Kamal Nayan Chaubey for the respondent are present.
A preliminary objection has been raised on behalf of the respondents about the maintainability of the appeal.
The present appeal arises out of judgment and decree passed by learned Adhoc Additional District Judge-III, Siwan in T.A. No. 100 of 1994. The appellants as per the decree enclosed with the Memo of Appeal were three ladies. They have thus been impleaded as respondents.
Counsel for the respondents, on the other hand, produced certified copy of the decree passed in T.A. No. 100 of 1994 wherefrom it appears that apart from three females, their three brothers namely Rama Shankar Pandey, Uma Shankar Pandey and Ravi Shankar Pandey were also the appellants. Those three appellants in the Court below have not been impleaded as Patna High Court SA No.353 of 2013 (7) dt.28-08-2014 2 respondents herein. The certified copy of the decree under appeal produced by the respondents is taken on record and marked "X" for identification.
Let there be a fresh stamp report of the appeal within 10 days. Counsel for the appellants would be at liberty to clarify the matter before the Stamp Report and/or by filing appropriate affidavit.
(Kishore Kumar Mandal, J) Pankaj/-
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