IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.392 of 2003 1. RAM DULARI DEVI WIFE OF LATE YOGENDRA PRASAD 2. RAJARAM PRASAD SON OF LATE SRI YOGENDRA PRASAD 3. PRADIP KUMAR, SON OF RAJARAM PRASAD 4. DILIP KUMAR 5. SANDEEP KUMAR, BOTH MINOR SONS OF RAJARAM PD. UNDER THE GUARDIANSHIP OF THEIR NATURAL GUARDIAN RAJARAM PRASAD RESIDENT OF NONIYA, P.S.PAHARPUR, DISTRICT-EAST CHAMPARAN 6. ASMANI DEVI WIFE OF BAIDYANATH PRASAD, RESIDENT OF BAGAHIBADHMARPUR, P.S. NAUTAN, DISTRICT-WEST CHAMPARAN 7. PRABHA DEVI ALIAS PRABHAWATI DEVI WIFE OF MAHTO RESIDENT OF VILLAGE-THAKHARA, P.S. JAGDISHPUR, DISTRICT-WEST CHAMPARAN 8. LALITA DEVI WIFE OF HIRALAL PRASAD ,RESIDENT OF VILLAGE-GIDHAURA, P.S. MAJHAULIA, DISTRICT-WEST CHAMPARAN 9. PURANI DEVI WIFE OF SHEOPUJAN PRASAD, RESIDENT OF VILLAGE INARWABHAR, P.S. PAHARPUR,STRICT-EAST CHAMPARAN. 10. GIRJA DEVI WIFE OF BAIDYANATH PRASAD, RESIDENT OF VILLAGE KURIA, P.S. MAJHAULIA, DISTRICT- WEST CHAMPARAN 11. SHASHI BHUSHAN SINGH 12. VIDYA BHUSHAN SINGH , BOTH SONS OF MANGAL PRASAD RESIDENT OF VILLAGE-SISWA, P.S. PAHARPUR, DISTRICT-EAST CHAMPARAN 13. SURESH PRASAD SON OF HARI PRASAD RESIDENT OF VILLAGE-SISWA P.S. PAHARPUR, DISTRICT-EAST CHAMPARAN ----------------- PLAINTIFFS --- APPELLANTS/DEFENDANTS. Versus 1. BALIRAM PRASAD 2. MUKTI PRASAD 3. PRABHUNATH PRASAD, SONS OF LATE SITARAM MAHTO RESIDENTS OF VILLAGE AND POST-NONEYA, P.S. & ANCHAL PAHARPUR, DISTRICT-EAST CHAMPARAN 4. PANMATI DEVI WIFE OF RAMEKBAL MAHTO, D/OSITARAM MAHTO, RESIDENT OF VILLAGE & P.P. BAGAHI, BADHMAPUR, P.S. NAUTAN, DISTRICT-WEST CHAMPARAN 5. SHARDA DEVI WIFE OF YOGENDRA PRASAD D/O LATE SITARAM MAHTO RESIDENT OF VILLAGE-BALUAHI( KATAIYA) P.S. MUFFASILL BETTIAH, DISTRICT-WEST CHAMPARAN. -------------- DEFENDANT IST SET 6. RAMASHRAY PRASAD SON OF LATE THAKUR MAHTO 7. ASHOK KUMAR ALIAS AMARDEO PRASAD - 2 - 8. BRIJESH PRASAD 9. SANJAY PRASAD, SIS 8 TO 10 SONS OF RAMASHRAY PRASAD RESIDENTS OF VILLAGE,P.O. NONEYA, P.S. PAHARPUR , DISTRICT-EAST CHAMPARAN 10. BHAGWAT PRASAD SON OF LATE JAGARNATH PRASAD, BOTH RESIDENTS OF VILLAGE & P.O NONEYA, P.S. PAHARPUR , DISTRICT-EAST CHAMPARAN -------- DEFENDANTS 3RD SET 11. NAGENDRA PRASAD, SON OF LATE RAMNATH MAHTO 12. CHANDRABALI PRASAD 13. AJAY PRASAD 14. VIJAY PRASAD , SON OF NAGENDRA PRASAD, RESIDENTS OF VILLAGE & P.P. NONEYA, .S.PAHARPUR,DISTRICT –EAST CHAMPARAN ------------ DEFENDANT 4TH SET 15. TAPIA DEVI WIFE OF UDAIBHAN PRASAD, D/O LATE RAMNATH MAHTO, RESIDENT OF VILLAGE-JARNAHAWA, P.S.MAJHAULIA, DISTRICT WEST CHAMPARAN 16. NAGA MAHTO, SON OF VIJEDWAR MAHTO 17. BAIJNATH MAHTO SON OF RAMDHARI MAHTO 18. PRABHUNATH PRASAD 19. SAMBHUNATH PRASAD, S ONS OF RAMUTAR PRASAD ,18 TO 21 ALL RESIDENTS OF VILLAGE & P.O. NONEYA, P.S. PAHARPUR, DISTRICT-EAST CHAMPARAN 20. NATHU MIAN SON OF JAMJAN MIAN, RESIDENT OF VILLAGE-PURSOTAMPUR, P.O. PANDITPUR, P.S. MAJHAULIA, DISTRICT-WEST CHAMPARAN ----------- DEFENDANT 5TH SET -- --------- 12 26-03-2009 Heard Mr. Sandeep Kumar, learned counsel for the appellants as also Mr.Manu Kumar Mishra , learned counsel for the Respondent nos.7 to 10 who were issued notice in the admission matter. In the facts and circumstances of the case the learned counsel for the appellants is permitted to withdraw this appeal which is dismissed as withdrawn. In view of the partition suit being of the year, 2002, the learned Subordinate Judge in seisin of the case is directed to dispose of the same as expeditiously as possible preferably within a period of 18 months. - 3 - With the aforesaid observation, this appeal is dismissed as withdrawn. NKS/- (Abhijit Sinha, J.)