SANOJ KUMAR PANDEY Vs. CHANCHALA DEV

JUDGEMENT

(1.) This second appeal has been filed being aggrieved and dissatisfied with the judgment dtd. 19/4/2012 and decree dtd. 2/5/2012 passed by the learned District Judge No.2, Deoghar in Title Appeal No.41/2003 partly reversing/modifying the judgment and decree dtd. 10/5/1999 (decree sealed and signed on 22/5/1999) passed by the learned Sub-Judge-III, Deoghar in Title (Partition) Suit No.129/1996.

(2.) This second appeal has been filed on 16/6/2012 along with I.A. No.1887 of 2012 seeking leave to proceed with appeal arraying heirs of Kishori Pandey, plaintiff/respondent no.1 who died on 16/4/2012 i.e. three days before passing of the judgment and decree under title appeal.

(3.) Learned counsel appearing for the appellant submits that now he has filed supplementary affidavit stating therein that after performing Shradh Karm of deceased plaintiff/respondent no.1, the appellant had contacted his counsel and informed regarding the death of plaintiff/respondent no.1 then the appellant was suggested that since the judgment has been pronounced on 19/4/2012, hence the Court has become functus officio as such nothing can be done in the case here. On this ground, learned counsel appearing for the appellant submits that the prayer made in the said I.A. may kindly be allowed.