IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.894 of 1972 GANESH MAHTON & ORS Versus BIHARI MAHTON & ORS ----------- 66. 14.02.2011 No one appears for the appellants. Earlier also when the case was listed for final hearing there was no representation on behalf of the appellant as would be borne out from the order dated 9.2.2011. This appeal has already abated against the deceased respondent no. 49 as also against respondent no. 5 to 7, 13 and the proposed minor heirs of deceased respondent no. 2. Additionally this Court would find that this appeal has also abated way back as against respondent no. 41. Apparently, the appeal arising out partition suit even otherwise has become incompetent. That being so, this appeal is dismissed. Kanchan (Mihir Kumar Jha, J.)