IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.628 of 1995 PADMADEO NARAYAN SINGH & ORS Versus REWATI RAMAN SINGH & ORS ----------- 26 27.08.2009 Vide office report dated 18.4.2009, the matter was placed before the Bench for consideration of the matter that whether the whole appeal has become incompetent in view of the fact that the appeal stands abated against the deceased respondent nos. 2, 6, 7, 8 and 13(1). Thereafter, vide this court’s orders dated 24.1.2009 and 12.5.2009, the appellant was allowed time for filing petition for setting aside abatements against the said deceased respondent nos. 2, 6, 7, 8 and 13(i) but any such petition has not been filed till date as per current office report dated 25.8.2009. Since any petition for setting aside abatement has not been filed by the appellant, the matter regarding consideration whether the whole appeal has become incompetent or not is taken up. This is the appeal against the final decree passed in partition suit. Since this appeal has abated against the respondent nos. 2, 6, 7, 8 and 13(1) who were coparcener and necessary parties it will not be possible to pass inconsistent and anomalous decrees against the other respondents. In such view of the mattes, the whole appeal is held incompetent and is dismissed as such. (C.M. Prasad, J.) Ravi/-