IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.74 of 1993 1. Jai Kala Mishrain, widow of Nageshwar Mishra 2. Surya Kant Mishra, son of Nageshwar Mishra 3. Kamala Devi @ Kewala Devi 4. Kaushalaya Devi 5. Sushila Devi, daughters of Nageshwar Mishra and W/f of Khageshwar Jha and w/f Anirudh Jha @ Anirudh Zazi, all residents of Village Morwadih, P.O. Morwa Bazar, P.S. Musri Gharari, District- Samastipur ---- Defendant --- Appellants in the courts below ---- Appellants. Versus 1. Shipat Jha @ Sripati Jha, son of Uma Kant Jha, deceased, resident of Village Morwadih, P.O. Morwa Bazar, P.S. Musri Gharari, district- Samastipur ---- Plaitniff --- Respondent.---- Plaintiff --- Respondent Ist Party in the court below ---- Respondent Ist Party. 2. Jaib Kala Mishrain (since deceased) 3. Leelawati Mishrain, widow of Mehi Lal Mishra, resident Village Morwadih, P.O. Morwa Bazar, P.S. Musri Gharari, at present residing in Village Pali Utarwari Tal, P.O. Pali Goth, P.S. Benipatti, district Madhubani appeared as parti witness no.29 in the trial court and intervenor in the Hon’ble High Court --- Respondent 3rd Party. ------------- 17. 1.9.2009 None appears on behalf of the parties. It appears from the marginal note that the appeal stood dismissed against respondent nos. 1 and 3. The impugned judgment and decree has, therefore, become final so far these two respondents are concerned. It arises out of a partition suit. Allowing it to continue may result in inconsistent judgments and decrees. The appeal as a whole has become incompetent and, therefore, can not proceed. It is accordingly dismissed as having become incompetent. Vinay/ ( S. K. Katriar ,J. ) ( Shyam Kishore Sharma, J.)