IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.33 of 2007 1. RANJEET KUMAR, SON OF LATE DEENA MAHTO @ DINA NATH MAHTO, AS KARTA AND MANAGER AND WELL WISHER OF HIS JOINT FAMILY CONSISTING OF HIS SONS, DAUGHTERS AND WIFE 2. SANJIT KUMAR 3. VIJAY KUMAR 4. NOMI KUMAR APPELLANT NOS. 2,3, AND 4 ARE MINOR SONS OF LATE DEENA MAHTO @ DINA NATH MAHTO 5. GANGORI KUMARI 6. PRIYANKA KUMARI @ PRIYANKA KUMAR RESPONDENTS 5 AND 6 ARE MONOR DAUGHTERS OF LATE NIDA NATH MAHTO @ DINA MAHTO RESPONDENTS 2 TO 6 ARE UNDER GUARDIANSHIP OF THEIR NATUREAL MOTHER MALTI DEVI WHO IS GUARDIAN AND NEXT FRIED, WELL WISHERS OF THE NINORS. 7. MALTI DEVI, WIFE OF LATE DEENA MAHTO @ DINA NATH MAHTO ALL RESIDENTS OF MOHALLA JHINJHARI BAGH, PATNA CITY, P.S. MALSALAMI, DISTRICT PATNA. 8. DR. BISHESHWAR PRASAD, SON OF LATE CHUNNI LAL PRASAD, R/M KATRA BAZAR, PATNA CITY, P.S. MALSALAMI, DISTRICT PATNA ---------------DEFENDENTS IST PARTY-APPELLANTS IST PARTY. 9. SRI SHYAM NARAIN SHARMA, SON OF LATE RAM KHELAWAN MISTRY, R/M DAMRAHI GHAT, P.S. MALSALAMI, SDISTRICT PATNA 10. SRI GANGA VISHWAKARMA, SON OF LATE RAM KHELAWAN MISTRY, R/M DAMRAHI GHAT, PATNA CITY, P.S. MAKSALAMI, DISTRICT PATNA -----DEFENDANTS 2ND PARTY/APPELLANTS 2ND PARTY------APPELLANTS Versus 1. SONAPATI DEVI @ SONA DEVI, WIDOW OF LATE JAMUN MAHTO 2. DILIP KUMAR 3. PRADEEP KUMAR DEFENDANTS 2 AND 3 ARE SONS OF SRI PREMCHAND MAHTO ALL RESIDENTS OF MOHALLA JHINJHARI BAGH, PATNA CITY, P.S. MALSALAMI, DISTRICT PATNA ------------PLAINTIFFS/RESPONDENTS IST SET 4. RAKTU MAHTO, SON OF SHANKAR MAHTO, R/M JHINJHARI BAGH, PATNA CITY, P.S. MALSALAMI, DISTRICT PATNA 5. SMT. RADHA DEVI, WIFE OF SRI RAM KRISHNA SINGH, R/V ADAMPUR, P.S. RAGHUNATHPUR, DISTRICT SIWAN 6. SMT. KALAWATI DEVI, DAUGHTER OFLATE RAJ SHANKAR PD. SINGH, R/V BAHUYARA, P.S. MASRAKH, DISTRICT CHAPRA(SARAN) -----DEFENDANT IST SET, NOS. 2 AND 3 AND DEFENDANT 2ND SET NOS. 9 AND 11, PROFORMA RESPONDENTS 2ND SET. ----------- 04. 05.03.2009. Heard learned counsel for the appellants as also for the respondents. It is jointly submitted by them with reference to the averments made in the I.A. No. 7420 of 2008 that the instant first appeal has been amicably resolved between the parties and in the light of the averments made in the said I.A. this first appeal is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.) - 2 -