IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.133 of 1985 Jitendranarain Singh, son of late Shri Dhiraj Singh, resident of Village Chandpur Bagat Khuthari, Police Station Mehrama, District Santhal Parganas --- Defendant --- Appellant ---- Appellant. Versus Satyanarain Singh, son of late Bhola Singh, resident of Chandpur, Police Station-Mehrama District Santal Parganas, at present residing at Ambikapur, Police Station-Ambikapur, District-Surguja (Madhya Pradesh) ----(Plaintiff- Respondent), since deceased, deceased sole Respondent’s heirs 1. Debeshwar Singh 2. Sureshwar Singh- both sons of Satyanarain Singh, deceased 3. Smt. Snehlata Singh 4. Smt. Kamla Singh 5. Smt. Shashiprabha Singh 6. Smt. Chandraprobha Singh, all daughters of Satyanarain Singh, deceased-resident at present in Ambikapur, Police Station-Ambikapur, District Surguja (Madhya Pradesh) ---- Plaintiffs- Respondents. -------- 19. 27.10.2009 Heard learned counsel for the parties. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, has been preferred by appellant of First Appeal No.46 of 1974 ( Jitendra Narain Singh Vs. Deveshwar Singh and others), whereby the appeal was dismissed along with the analogous appeal, by judgment dated 4.9.1985. It appears from the marginal note that the appeal stood dismissed against respondent nos. 2 to 6 herein for non-compliance of the order dated 8.1.2002. The impugned judgment and decree has, therefore, become final so far respondent nos. 2 to 6 are concerned. Allowing it to continue against respondent no.1 may result in inconsistent judgments and decrees. The appeal as a whole 2 has become incompetent and, therefore, can not proceed. It is accordingly dismissed as having become incompetent. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)