IN THE HIGH COUR T OF JUDICATURE AT PATNA SA No.497 of 1991 Most. Abda Khatoon & Ors Versus Most. Cemaya Khatoon & Ors ----------- 16. 15.07.2011 Learned counsel appearing for the appellants is present. Learned counsel appearing on behalf of the respondents No. 3 to 6 is also present. Perused the office notes dated 06.05.2011 in which the office has reported that this appeal had stood dismissed for default against respondent No.1 (a) to 1(d). It appears that on 10.05.2011 the matter was adjourned to enable the appellants, if so advised, to file a petition for restoration of the appeal against the aforesaid respondents. Thereafter, on 20.06.2011 further four weeks time was granted to the learned counsel appearing for the appellants to file petition for restoration of the appeal against the aforesaid respondents. However, no restoration petition has been filed and the matter has been again placed for appropriate orders. The learned counsel appearing on behalf of the appellants state that he has no instruction in this matter. From the records it appears that one of the reliefs of the plaintiff was for partition of the suit property besides other reliefs. In this view of the matter, it is held that after the dismissal of this appeal against respondent No. 1(a) to 1(d), this appeal has become incompetent and cannot proceed against remaining respondents. Accordingly, this appeal is dismissed as incompetent. Saif (V. Nath, J.)