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Patna High Court - Orders

Most. Basmati Devi & Ors vs Kapildeo Prasad & Ors on 6 April, 2015

Author: V.N. Sinha

Bench: V.N. Sinha, Ahsanuddin Amanullah

  IN THE HIGH COURT OF JUDICATURE AT PATNA
                Letters Patent Appeal No.1438 of 1998
                            Arising out of
             Civil Writ Jurisdiction Case No. 9122 of 1997
                             Along with
              Interlocutory Application No. 1821 of 2015
======================================================
Most. Basmati Devi & Ors
                                                   .... ....   Appellant/s
                               Versus
Kapildeo Prasad & Ors
                                                  .... .... Respondent/s
======================================================
                                With
                Letters Patent Appeal No.1439 of 1998
                            Arising out of
             Civil Writ Jurisdiction Case No. 5180 of 1997
======================================================
Most. Basmati Devi & Ors
                                                   .... ....   Appellant/s
                               Versus
The State of Bihar & Ors
                                                  .... .... Respondent/s
======================================================
                                With
                Letters Patent Appeal No.1440 of 1998
                            Arising out of
             Civil Writ Jurisdiction Case No. 9064 of 1997
                             Along with
              Interlocutory Application No. 1822 of 2015
======================================================
Most. Basmati Devi & Ors
                                                   .... ....   Appellant/s
                               Versus
Kapildeo Prasad & Ors
        Patna High Court LPA No.1438 of 1998 (18) dt.06-04-2015

                                                    2/4




                                                                       .... .... Respondent/s
                    ======================================================
                    Appearance :
                    (In LPA No.1438 of 1998)
                    For the Appellant/s         :
                    For the Respondent/s        :


                    (In LPA No.1439 of 1998)
                    For the Appellant/s
                    For the Respondent/s        :


                    (In LPA No.1440 of 1998)
                    For the Appellant/s         :
                    For the Respondent/s        :
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
                           and
                           HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

                                                          ORAL ORDER

                    (Per: HONOURABLE MR. JUSTICE V.N. SINHA)


18   06-04-2015

Re.: Letters Patent Appeal No. 1438 of 1998 with Interlocutory Application No. 1821 of 2015 From the service report and the office note, it appears respondent no. 19 has received notice on behalf of respondents no. 15, 16, 17, 18 and 20. Respondents no. 15 to 20 being the heirs of appellant no. 5, as such, service of notice of these proceedings on respondents no. 15 to 20 be treated as valid service. Respondent no. 1 left for his heavenly abode, his heirs being on record, in the circumstances, by filing Interlocutory Application No. 1821 of Patna High Court LPA No.1438 of 1998 (18) dt.06-04-2015 3/4 2015, the appellants have requested to delete the name of deceased respondent no. 1 which is directed to be deleted and Interlocutory Application No. 1821 of 2015 is disposed off.

Re.: Letters Patent Appeal No. 1439 of 1998 From the service report and the office note, it appears that respondent no. 15 has received notice on behalf of respondents no. 11, 12, 13, 14 and 16. The aforesaid respondents being the heirs of appellant no. 5, as such, service of notice on respondents no. 11 to 16 be treated as valid service.

Re.: Letters Patent Appeal No. 1440 of 1998 with Interlocutory Application No. 1822 of 2015 From the service report and the office note, it appears respondent no. 19 has received notice on behalf of respondents no. 15, 16, 17, 18 and 20. Respondents no. 15 to 20 being the heirs of appellant no. 5, as such, service of notice of these proceedings on respondents no. 15 to 20 be treated as valid service. Respondent no. 1 left for his heavenly abode, his heirs being on record, in the circumstances, by filing Interlocutory Application No. 1822 of 2015, the appellants have requested to delete the name of deceased respondent no. 1 which is directed to be deleted and Interlocutory Application No. 1822 of 2015 is disposed off. Patna High Court LPA No.1438 of 1998 (18) dt.06-04-2015 4/4

It is submitted on behalf of the appellants that the appeals have become ready and may be listed for hearing.

Let the appeals be listed for hearing maintaining its position as per the date of filing.

(V.N. Sinha, J) (Ahsanuddin Amanullah, J) Anjani/-

  U           T