IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.155 of 2002 SRI JANARDAN PRASAD SINHA, Son of Late Tejani Prasad Sinha,resident of Mohalla-Dalhatta, Police Station-Town Munger, District-Munger ------------- Appellant Versus 1. MOST.RAMESHWARI DEVI W/O Late Saudagar Mandal 2. Mostt.Fulrehina Devi, Daughter of Late Saudagar Mandal 3. Mostt. Girija Devi, daughter of Late Saudagar Mandal 4. Sita Devi, Wife of Madan Mandal and daughter of Saudagar Mandal 5. Paro Devi, Wife of Arshi Mandal and daughter of Saudagar Mandal All residents of Mohalla-Chhoti Sandalpur, Police Station-Kotwali, District-Munger. 6. Rajpati Mandal, Son of Late Chhattu Mandal 7. Sri Ram Swaroop Mandal , Son of Rajpati Mandal 8. Sri Wakil Mandal 9. Sri Madhu Mandal 10. Sri Sunil Mandal 11. Sri Mohan Mandal Appellant-Respondent Nos.8 to 11 are minor sons of Sri Lakhan Mandal 12. Sri Arun Mandal, Minor son of Ram Swaroop Mandal. Appellant Respondent nos.8 to 12 are under the guardianship of their grand father, Rajpati Mandal All residents of Mohalla-Sandalpur, Police Station-Town Munger, District-Munger ------------- Respondents. ---------- 14 19-08-2009 Seen the Office notes. No one appears either for the appellant or for the respondents. For non-compliance of peremptory order dated 10.8.2007, this Second Appeal stands dismissed as against Respondent nos.2,3,4,5,7,8,9 and 10. Unfortunately, all these respondents are co-plaintiffs and the suit out of which the Second Appeal arises was for a declaration that the Certificate Case No.122 of 1955-56 in respect of the Schedule-I lands was - 2 - illegal inoperative and not binding upon the plaintiffs. Further declaration sought was that the suit property fully detailed in Schedule-II was ancestral property of the plaintiffs and the same is in possession of the plaintiffs since long. The said suit was dismissed on contest and Title Appeal No.8 of 1992 arising therefrom was allowed on contest. The defendant of the suit has preferred this Second Appeal. Since this appeal stands dismissed against some of the respondents and the decree is not severable, the appeal will abate and is accordingly dismissed. NKS/- ( Abhijit Sinha, J )