IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.111 of 2003 Sima Devi Versus Smt.Prabha Devi & Ors ---------------------------------- 13. 13.10.2011. From perusal of the office note dated 20.09.2011, it appears that due to non-compliance of order dated 15.04.2011, this appeal has already been dismissed against respondent No.3 to 6 and 8. On 21.09.2011 on the prayer of the appellant, the appeal was listed after Pooja holidays on 12.10.2011. When yesterday, i.e., 12.10.2011, the case was called out, nobody appeared on behalf of the appellant, therefore, the case was pass over. Today, when the case was called out, again nobody appeared. From perusal of the Judgment, it appears that the plaintiff-appellant filed the suit for declaration that the gift deed executed by Ramdeo Singh in favour of defendant No.2 and defendant No.1 is not binding on the plaintiff and further prayed for partition of the property to the extent of her 3/25th share. The suit was dismissed. It further appears that the respondent No.3, 4 to 6 and 8 had contested the suit. In view of the above facts since, the appeal has already been dismissed as against the respondent No.3 to 6 and 8 now, the whole appeal has become incompetent. Accordingly, this appeal is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)