IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.692 of 1995 1. SHRI SURYADEO SINGH, SON OF SHRI JAGDISH SINGH 2. SHRI NANDU SINGH 3. SHRI BHOLA SINGH, BOTH SONS OF SRI SURYADEO SINGH 4. SHRI UMA SINGH, SON OF SURYADEO SINGH 5. SMT. CHAHAT DEVI, WIFE OF SRI SURYADEO SINGH 6. SRI JAI KUMAR 7. SRI RAJ KUMAR, BOTH SONS OF SURYADEO SINGH(SINCE THEY HAVE ATTAINED MAJORITY) 8. SRI MUKESH SINGH, MONOR SON OF NANDU SINGH, MINOR UNDER GUARDIANSHIP OF HIS FATHER AND WELL WISHER ALL RESIDENTS OF VILLAGE ASHPURA, P.O. BIKRA, P.S. BIKRAM, DISTRICT PATNA---DEFENDANTS---APPELLANTS Versus 1. SHRI VIJAY SINGH, SON OF JAGDISH SINGH(LUNATIC) UNDER THE GUARDIANSHIP OF HIS WIFE AND WELL WISHER 2. SMT. SURYAMANI DEVI, WIFE OF VIJAY SINGH 3. SHRI SHAILESH KUMAR, SON OF VIJOY SINGH, MINOR UNDER THEGUARDIANSHIP OF HISMOTHER AND WELL WISHER ALL RESIDENTS OF VILLAGE ASHPURA, P.O. BIKRA, P.S. BIKRAM, DISTRICT PATNA 4. SRI BISHRAM SINGH, SON OF LATE DEO PRASAD SINGH, RESIDENT OF VILLAGE ASHPURA,P.O. BIKRA, P.S. BIKRAM, DISTRICT PATNA---DEFENDANT 1ST AND 2ND SET—RESPONDENTS----2ND PARTY 5. PRADEEP SINGH @ PRASEEDH NARAYAN SINGH, SON OF SHEO PRASAD SINGH, R/V ASHPURA, P.O. AND P.S. BIKRAM, DISTRICT PATAN-----DEFENDANT /RESPONDENT—3RD PARTY ----------- 13. 13.05.2009 In view of the office note dated 12.5.2009, the memo of appeal stood dismissed as against respondent no.4 and abated as against respondent nos. 1, 3 and 5 for the failure to comply the orders of this Court dated 12.2.2009. As the appeal arises out of a partition suit, the appeal has become incompetent and is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)