IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No.262 of 1992 BAJRANGI MALLAH @ BAJRANGI CHAUDHARY Versus HARI MALLAH ----------- 05/ 14.09.2009 I.A. No.2231 of 2009 has been filed on behalf of respondent stating that the sole respondent Hari Mallah has died on 13.10.2003 during the pendency of the second appeal, but no step has been taken by the appellant for substitution of his heirs. Learned counsel for the respondent further submits that the sole appellant Bajrangi Mallah @ Bajrangi Chaudhary has also died much earlier on 12.10.2004, but his heirs have also not come forward for being impleaded in his place, although about five years have lapsed. On the other hand, learned counsel for the appellant submits that his client has taken away the file from him and he has got no instruction in this case. In the aforesaid facts and circumstances, this second appeal is dismissed due to non-prosecution and also due to abatement, as both the sole appellant and the sole respondent have died several years back. harish/ ( S. N. Hussain, J. )