IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.751 of 1995 1. MANI KANT JHA, SON OF LATE BADRI NARAYAN JHA 2. MANOJ KUMAR JHA, SON OF MANI KANT JHA RESIDENTS OF VILLAGE PHULHARA, P.O. PHULHARA, P.S. SINGHIYA, DISTRICT SAMASTIPUR------DEFENDANT IST SET-----APPELLANTS. Versus ANIL KUMAR JHA & ORS. ----------- 24. 15.04.2009. Counsel for the appellants Shri Kamal Kishore Singh states that he has no instruction to prosecute this appeal on behalf of the appellants and he be discharged from his liability to prosecute this appeal on behalf of the appellants. As prayed for, Shri Kamal Kishore Singh is discharged from prosecuting this appeal on behalf of the appellants. For failure to take steps for service of notice on respondent nos. 7 to 12, 26, 27, 29, 38A to 38E, 42, 43, 47 to 56, the appeal stood dismissed as against those respondents. Under the office note dated 4.3.2009, office has posed a question that after dismissal of the appeal as against the aforesaid respondents, whether the whole appeal has become incompetent. It is submitted on behalf of the respondents that the suit out of which this appeal arises was filed for partition and as the appeal stood dismissed against the aforesaid respondents, the whole appeal has become incompetent. This appeal is, accordingly, dismissed as incompetent. Rajesh/ (V.N.Sinha,J.)