Shailendra Prasad Singh v. Shyam Narayan Sharma and Ors.

Patna HC8 Jul 2024C.Misc./1195/2017

Case brief

AI extract

What is this about?

Abatement of petition on death of sole petitioner; heirs/legal representatives not brought on record despite extensions till 01.07.2024; counsel unable to contact legal representatives; petitioners' death during pendency; no interest in prosecuting case; Patna High Court; Civil Miscellaneous Jurisdiction C.Misc. No.1195 of 2017; oral order 08-07-2024; Justice Arun Kumar Jha; petition stands abated.

What did the court decide?

Since the heirs/legal representatives of the deceased petitioner have no interest in prosecuting the case and the sole petitioner has died, the present petition stands abated. ¶¶17

Shailendra Prasad Singh Vs Shyam Narayan Sharma and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1195 of 2017

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Shailendra Prasad Singh Son of late Sahdeo Singh Resident of VillageNadawan, Police Station- Barh, District- Patna.

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... ... Petitioner/s

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Versus

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Shyam Narayan Sharma Son of late Raghubansh Sharma Resident of Village- Burhainchak, Police Station- Barh, District- Patna.

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Mostt. Aisha Khatoon

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Mostt. Mustari Khatoon Both wives of late Md. Gyasuddin Resident of Mohalla- Bazidpur, P.O. and Police Station- Barh, District- PatnaBihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No-2, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

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ORAL ORDER

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5 08-07-2024 Present learned counsel for the petitioner.

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This Court has been apprised on 13.02.2024 that petitioner died during pendency of the petition and time has been sought for bringing the heirs/legal representatives of the petitioner on record. On 02.05.2024, learned counsel appearing on behalf of the petitioner submitted that he had not been able to make contact with the heirs/legal representatives and sought further time for moving appropriate application. On the prayer of the learned counsel for the petitioner, time till 01.07.2024 was granted for the aforesaid purpose and it was made clear that in case of failure appropriate order would be passed. Today, learned counsel for the petitioner again submits that he has not

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Patna High Court C.Misc. No.1195 of 2017(5) dt.08-07-2024 2/2

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been able to make contact with the heirs/legal representatives of the petitioner.

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