IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.31 of 2006 Raghunath Prasad Singh, Son of Ram Ashish Singh (deceased) resident of village-Chhitrauli, P.S. Maniari Munsif, Muzaffarpur West, District Muzaffarpur. -------- Plaintiff/Petitioner/Appellant Versus 1. Sri Deilip Kumar Sahu, Son of Mohan Prasad Sahu, Residnet of village-Sonbarsa Sah, P.S. Maniari, District-Muzaffarpur, presently residing at Mohalla-Kedarwath Road, Muzaffarpur Town, District Muzaffarpur. ----- Defendant 1st party/Opp. Party/1st Party Respondent/1st Party 2. Smt. Pramila Devi wife of Ram Bilash Ram, resident of village Sonbarsa, P.S. Maniari, District Muzaffarpur. ------ Defendant 2nd party/O.P. 2nd Party/ Respondent 2nd Party ----------- 10 27.4.2009 Heard counsel for the appellant. If the appellant do not choose to comply the preemptory order and the appeal abates, the same cannot be kept pending only because at any point of time, the appellant would take steps for restoration of the appeal. Once the appeal against the respondent no.1, the main contesting party, has abated in view of the preemptory order dated 25.6.2008, this Court must hold that the appeal has become incompetent and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)