KAILASH PATI CHOUDHARY Vs. SUSHILA DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) Service of notice on sole respondent was effected validly after three attempts, but she has not appeared in the present proceeding. Even though on 27th Nov., 2014 when the matter was earlier taken up, it was adjourned to give one more chance to sole respondent to appear, however, the sole respondent has not entered appearance till date. Therefore, there is no opposition to the prayer of the petitioners.

(3.) On 9th Dec., 2005 while issuing notices to sole respondent, learned Trial Court was restrained from delivering the judgment. However, later on by order dated 21st Dec., 2005, proceedings in Partition Suit no. 22/2004 was stayed until further orders. As per the report of learned Sub-Judge (Sr. Div.)II, Giridih through letter dated 4th March, 2017, the suit is pending awaiting further orders from this Court in the instant writ petition.