IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.414 of 2002 Basudeo Paswan & Ors Versus Mostt.Rajmatia Devi & Ors ---------------------------------- 09. 07.12.2011 Perused the office note dated 05.12.2011. The appeal has already abated as against the legal representatives of the deceased respondent nos.1,5,9,10,16,18 and 19. The learned counsel for the respondents, Mr. Dinesh Chandra Jha submitted that the whole appeal has now become incompetent. From perusal of the record, it appears that this First Appeal arises out of the judgment and decree dated 30.09.2002 passed by Subordinate Judge II, Muzaffarpur in Partition Suit No.179 of 1999. Some of the plaintiffs are the appellant. The appeal has abated as against the defendants and also against some of the plaintiffs-respondents. Now, therefore, in my opinion, the whole appeal has become incompetent as abated against the legal representatives of deceased respondent nos.1,5,9,10,16,18 and 19. Accordingly, this First Appeal is dismissed as a whole as abated. Saurabh (Mungeshwar Sahoo,J.)