MC 918/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY None appears for the applicants/appellants. It appears from the order dated 16th November, 2011 passed by the Lawazima that because of not taking required steps for bringing the legal heirs of the decease d/respondent No.1, the application as well as the appeal stand abetted in so far as the respondent No.1 is concerned. It also appears that the other respondent s are served. The applicants/appellants filed Title Suit No.30/2004 against the defendants/ re spondents, namely, Sri Gopal Pandey, against whom the application as well as the appeal stand abetted, as aforesaid, and also against Sri Pradip Pandey, the res pondent No.2 for declaration of their right, title and interest in respect of th e land described in the Schedule to the plaint and also for recovery of khas pos session by evicting the defendants and their men and agents and by demolishing a ll structures thereon, apart from claiming the decree for permanent injunction. It is not the case of the plaintiffs that the defendants were possessing the de finite portion of the Schedule land separately and on the other hand, it is the claim of the plaintiffs that they are jointly possessing the land. The appeal, therefore, cannot proceed in the absence of any one of the responden t/defendant. In view of the above, the application as well as the appeal stand abetted as aga inst the respondent No.2 also. Hence the application as well as the appeal stand dismissed as abetted.