IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.599 of 1995 THE STATE OF BIHAR Versus BITU SAH ----------- 16 13.07.2009 Vide order No. 11 dated 29.03.2007 the appellant was directed to disclose the death of the sole respondent in the petitions at Flag-A & B, which are petitions filed under Order 22 Rule 4 & 9 for substituting the heirs of the sole respondent. Vide this Court’s order dated 03.09.2007 a peremptory order was passed to the effect that the appellant will comply the said order dated 29.03.2007of the Lawazima Board within one week failing which the petitions at Flag-A & B respectively filed under I.A. No.7626 of 1998 and I.A. No.7627 of 1998 will stand rejected without further reference to a Bench. It appears that the peremptory order was not complied. Subsequently vide this Court’s order dated 01.04.2009 an order was made to make a note that the appeal has abated, but on the request of the appellant’s counsel liberty was allowed to the appellant for filing petition for setting aside the abatement. Subsequently, on 18.05.2009 at the request of appellant’s counsel time of two weeks after summer vacation was allowed to the appellant for the purpose. Today the case is on the Board of this Court. Mr. A. Madhuranand Jha, A.C. to AAG-7 is present in Court but the order has not been complied and any petition for - 2 - setting aside abatement has not been filed though sufficient time at the request of the appellant has already been allowed for the purpose. The office report dated 06.07.2009 also states that any petition for setting aside abatement has not been filed. In these circumstances, the note of abatement against the sole respondent is recorded in this appeal and the appeal be treated as disposed of as abated. Mkr. (C.M. Prasad, J.)