1 IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.45 of 1997 SMT.SUKHIA DEVI Versus KAILASH RAUT & ORS ----------- 13/ 13.04.2009 Heard learned counsel for the parties. This second appeal has abated against respondent no.1, who was defendant-appellant in the courts below. Thereafter, the sole appellant, who was plaintiff-appellant in the courts bellows died in the year 2006 and respondents no.2 and 3, who were defendants-appellants in the courts below also died in the year 2004 and 2000 respectively, as per the affidavit filed on behalf of the heirs of respondent no.2, to which no reply has been filed on behalf of the appellant although several adjournments had been given in that regard. Now the only person, who is alive, is respondent no.4, who was defendant- respondent in the courts below and was aggrieved by none of the judgments and decree of the learned courts below and had not raised any claim. In the aforesaid facts and circumstances, the entire second appeal stands abated and is dismissed as such. MPS/ ( S. N. Hussain, J. )