IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.310 of 1996 SHEIKH TETAR Versus SK.JAMRUDDIN & ORS ----------- 10 29.06.2009 Perused the office notes dated 23.6.2009. The learned counsel for the appellant as also the respondents are present in court. It appears that the instant appeal stood dismissed against respondent nos. 3, 4(i) to 4(iii) due to non compliance of court’s peremptory order no. 9 dated 10.7.2008. It appears from the decree of the lower appellate court that Sk. Idrsih and Sk. Polo, the two deceased respondents of this appeal were the appellants in the lower appellate court. In the circumstances stated above the whole appeal has become incompetent by reason of non compliance of peremptory order dated 10.7.2008 and as such the whole appeal will abate. Spd/- (Abhijit Sinha, J.)