Petitioner died during pendency of the civil miscellaneous petition and no substitution petition was filed by his heirs despite repeated opportunities. The court held the petition stood abated and disposed it of accordingly.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1041 of 2017
======================================================
Ramendra Kumar Yadav Alias R. K. Yadav Ravi Son of Late Surya Narayan Yadav, resident of Village- Chatra, P.S.- Murliganj, District- Madhepura, at present resident of Chatra Kothi, Ward No.16, P.S. and P.O.- Madhepura, District- Madhepura.
... ... Petitioner/s
Versus
both Sons of Late Birendra Prasad Yadav,
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Lala Sachindra Kumar, Advocate Mr. Ashok Kumar Sinha No.2, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
8 09-12-2024 Perusal of office note shows no substitution petition
has been filed on behalf of heirs/legal representatives of the
Patna High Court C.Misc. No.1041 of 2017(8) dt.09-12-2024 2/3
petitioner towards compliance of the previous orders dated 24.06.2024 & 21.10.2024.
“The learned counsel appearing on behalf of the petitioner submits that the petitioner has died during the pendency of the present petition and legal heirs/representatives of the petitioner may file appropriate application.
2. List the matter on 21.10.2024 under the appropriate heading”.
passed :
“From perusal of previous orders, it appears the petitioner of this case has died during pendency of the present petition. However, no substitution petition has been filed till date on behalf of the heirs/legal representatives of the deceased petitioner.
Patna High Court C.Misc. No.1041 of 2017(8) dt.09-12-2024 3/3
dead, the instant petition stands abated and disposed of as such.
(Arun Kumar Jha, J)
V.K.Pandey/-
U
Ramendra Kumar Yadav Alias R. K. Yadav Ravi
Chandra Shekhar Yadav
Binod Kumar Yadav
Smt. Sakuntala Devi
Most Balika Devi
Smt. Soni Devi
Arun Kumar Jha
As recorded by the court registry
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