Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK RSA No.247 of 2013 Suryakanta Giri and another ..... Appellants Represented by Adv. - M/s.Bhaktahari Mohanty -versus- himansu kumar giri ..... Respondent Represented by Adv. - Mr. A.K.Nath, Advocate Mr. P.C. Das, Advocate (For Respondent No.2 and 6) Mr. B.K. Padhi, Advocate (For Respondent Nos.4, 8, 12, 15 and 18) CORAM: MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 22.04.2026 Order No. 12. 1. This matter is taken up through hybrid mode. 2. Learned counsel for the appellants and learned counsel for the Respondent Nos.4, 8, 12, 15 and 18 are present. 3. As per noting of the Registry, no substitution has been made against the deceased Respondent Nos.4, 8, 12, 15 and 18 in due time. For which, as per law, this 2nd appeal has already been abated against the Respondent Nos.4, 8, 12, 15 and 18. 4. This 2nd appeal has arisen out of a suit for partition. Page 2 of 2. 5. It is the settled principles of law that, if any appeal against any indivisible appeal is abated against any one of the parties, then, the entire suit/appeal shall be abated. 6. In view of such principles of law, the appeal is abated as a whole due to the non-substitution of the legal heirs of the Respondent Nos.4, 8, 12, 15 and 18 and the appeal against them is dismissed. 7. As such, this 2nd appeal is dismissed being abated. ( ANANDA CHANDRA BEHERA) Judge Jagabandhu Designation: Personal Assistant