IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.414 of 1991 ---- Brahamdeo Singh son of Gajo Singh, resident of Village Onaban P.S.Barbigha, District-Munger. --Defendant-Respondent-Appellant. Versus 1. Savitri devi w/o Brahmdeo Mahto, Resident of Village-Chulihari, P.S.Asthama, District-Nalanda. 2. Amola Devi w/o Late Haro Mahto, 3. Bachi Devi S/o Late Haro Mahto, 4. Awadh Kishore Mahto son of Brahmdeo Mahto, 5. Brajendra Mahto son of Haro Mahto, 6. Mahendra Mahto son of Late Haro Mahto, Respondents 2 to 6 are resident of village Onama P.S.Barbigha, District-Munger. --Plaintiffs-Appellants-Respondents Ist Set. 7. Arjun Singh, 8. Narshingh Singh, Both are sons of Daso Singh, 9. Shyam Kishore Singh son of Dhiraj Singh, 10. Kishun Gope son of Doman Gope. 11. Saryug Gope son of Kishun Gope. 12. Charitar Mishtry S/o Agnu Mishtry. 13. Ramaji Mishtry son of Nandal Mishtry. 14. Churaman Mistry son of Agunu Mistry. 15. Deva Mistry son of Matan Mistry. 16. Bishnu Deo Dhanuk son of Bhajju Dhanuk. All are resident of village Onawan, P.S. Barbigha, District- Munger. -- Deendants-Respondents-Respondents 2nd Set. ----------- For the appellants : None For the respondents : None ---- 09. 17.03.2009 On 19.07.1996 learned counsel for the sole appellant informed this court that the said appellant has died and she will take steps for substitution of his heirs and hence the case was adjourned by a Bench of this court. Thereafter again on 20.8.1996 adjournment was taken for filing the said substitution petition. Although more than 12 years have lapsed, but neither any application for - 2 - substitution has been filed, nor any step has been taken, nor even learned counsel for the deceased sole appellant appears in court today. In the said circumstances, this second appeal stands dismissed. Sunil (S. N. Hussain, J.)