IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.347 of 1982 SHEONANADAN SINGH & ORS Versus SMT.CHANDRAKANTI DEVI & ORS ----------- 37. 07.01.2011. Heard the learned counsel, Sri Mrigendra Kumar appearing on behalf of the appellant and the learned counsel, Sri Jitendra Kumar Verma appearing on behalf of some of the respondent on the office note dated 06.01.2011. It appears that the Appeal has abated as against the heirs of the deceased respondent No.2 and 17. The First Appeal has been filed against the Judgment and Decree dated 22nd May, 1982 passed by the Subordinate Judge, Biharsharif in Title Suit No.10 of 1972 dismissing the plaintiff- appellant’s suit for partition. The plaintiff-appellant filed the aforesaid suit claiming partition to the extent of his 1/6th share in the suit property. Since the Appeal arises out of partition suit and the Appeal has abated as against the heirs of deceased respondent No.2 and 17, in my opinion, this appeal has become now incompetent as abated. Accordingly, the First Appeal is dismissed as abated. Sanjeev/- (Mungeshwar Sahoo,J.) 2