IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.629 of 1995 1. CHHOTAN PRASAD SINGH @ CHHOTAN SINGH, SON OF ALTE GULAB SINGH 2. RAMRAJ SINGH 3. GOPAL PD. SINGH @ GOPAL SINGH, BOTH SONS OF CHHOTAN PD. SINGH @ CHHOTAN SINGH 4. SONU KUMAR SINGH, NINOR, SON OF RAMRAJ SINGH. MINOR UNDER THE GUARDIANSHIP OF HIS FATHER OF RAMRAJ SINGH. 5. BHANU PRATAP SIGH, MINOR, SON OF GOPAL PD. SINGH, MONOR UNDER THE GUARDIANSHIP OF HIS FATHER OF GOPAL PD. SINGH ALL ARE RESIDENTS OF VILLAGE DATTU BIGHA, P.O.+P.S.DEO DISTRICT AURANGABAD(BIHAR) . Versus 1. SMT.MUNGESHWARI KUER, WIFE OF LATE EKBAL BAHADUR SINGH @ BALA SINGH, R/V DATTU P.O. DEO, DISTRICT AURANGABAD------ PLAINTIFF/RESPONDENT 2. PREMLATA, WIFE OF MAHENDRA SINGH, R/V GAMAHARIA, P.O. GOLA DISTRICT ROHTAS. 3. MOST. SAHODARI DEVI, WIFE OF LATE MUNGESHWARI SINGH, R/V DATTU BIGHA, P.O. DEO DISTRICT AURANGABAD. 4. SHANTI DEVI, WIFE OF KAPILDEO, RESIDENT OF VILLAGE REGNIA, P.O.+ P.S. AMAS, DISTRICT GAYA 5. BASANTI DEVI, WIFE OF SHAMBHU SINGH, R/V BAHERA, P.O.+P.S. AMAS, DISTRICT GAYA 6. SHAKUNTALA DEVI, WIFE OF SATENDRA SINGH, R/V REGNIA, P.O.+P.S. AMAS DISTRICT GAYA 7. CHANDRADEEP SINGH, SON OF LATE TULSI SINGH 8. BIPIN BEHARI SINGH 9. PRAMOD SINGH 10. SAROJ SINGH, RESPONDENTS 8,9,AND 10 ARE MINOR SONS OF CHANDERDEEP SINGH AND UNDER THE GUARDIANSHIP OF THEIR FATHER. 11. AKHILESHWAR SINGH, SON OF LATE MUNGESHWAR SINGH RESPONDENTS 7 TO 11 ARE RESIDENTS OF VILLAGE DATTU BIGHA, P.O.+P.S. DEO DISTRICT AURANGABAD---DEFENDANTS—RESPONDENTS. ----------- 11. 30.04.2009. None appears for the appellants. From the office note dated 29.4.2009, it appears that the appeal stood dismissed as against respondent nos. 1,3,7,8 and 9 vide order no.10 dated 13.1.2009. Having noticed such fact the office has posed a question whether the whole appeal, arising out of the partition suit has become incompetent. Since the appeal arising out of the partition suit has been dismissed against - 2 - respondent nos. 1,3,7,8 and 9, in my opinion, the whole appeal has become incompetent, which is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)