IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.823 of 1998 1. Shrimati Leela Devi widow of Late Hari Sao 2. Kameshwar Prasad 3. Umesh Prasad 4. Arun Prasad @ Arun Kumar 5. Manni Prasad 6. Arjun Prasad, sons of late Hari Sao, all residents of Village Begampur, Police Station and Post Office and District- Nalanda --- Appellants ---- Petitioners. Versus 1. The State of Bihar 2. The Director of Consolidation, Bihar 3. The Consolidation Officer, Ekangarsarai 4. Smt. Daha Devi daughter of late Basant Sao 5. Dhamni Devi @ Suma Devi, wife of Mahabir Sao 6. Suresh Sao @ Sherkhan 7. Ram Nandan Sao 8. Awdhesh Sao, all sons of late Mahabir Sao 9. Gita Kumari 10. Sunaina Devi, both daughters of late Mahabir Sao 11. Lakhan Sao 12. Ashok Sao 13. Surendra Sao, all sons of late Mahabir Sao No.13 is minor and under the guardianship of their mother Dhamni Devi, respondent no.5. 14. Maruan Sao, son of late Gopal Sao. 15. Chotan Sao, son of late Basant Sao, Nos. 4 to 15 residents of Village, Bagampur, Police Station, Post Office and District-Nalanda ---- Respondents ----- Respondents. ------------ 12. 31.7.2009 Heard Mr. Kamal Nayan Chaubey for the appellants, and Mr. Shashi Bhushan Kumar, learned Standing Counsel No.16. The petitioners of C.W.J.C. No. 5104 of 1997 (Smt. Leela Devi & Ors. Vs. The State of Bihar & Ors.), have preferred this appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna, and are aggrieved by order dated 15.5.1998, whereby the writ petition was disposed of with the direction to the petitioners to proceed with the civil suit. In view of the 2 nature of the impugned order, we do not find any cause of action for this appeal. It is accordingly dismissed. It goes without saying that it will be open to the parties to raise all issues of facts and law in the suit. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J.)