IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.294 of 2002 Francis Baptist, S/o Baptist Sah, resident of Muhalla Christian Quarter, P.O. & P.S. Bettiah, District West Champaran. ….Defendant-Appellant-Appellant versus James Serafin, S/o Serafin alias Osta, resident of Muhalla New Patliputra, P.O. & P.S. Patliputra, District Patna. ….Plaintiff-Respondent-Respondent ----------- For the Appellant : None For the Respondent: Mr. Sukumar Sinha,Sr. Advocate ---------- 09/ 15.12.2008 This second appeal has been filed by the defendant- appellant-appellant against the judgments and decree of affirmence by both the learned court below in a suit for eviction on the grounds of default in payment of rent by the defendants and personal necessity of the plaintiff-respondent with respect to the suit premises. Both the learned courts below decreed the claim of the plaintiff on both the aforesaid issues and thereafter the tenant- defendant filed the instant second appeal, in which an interlocutory application ( I.A. No. 1220 of 2005 ) for stay of the execution proceeding in the court below was rejected by a Bench of this Court on 20.10.2005. Learned counsel for the respondent, who has appeared and is present today, submits that in the said execution proceeding he has already taken delivery of possession in the year 2005 itself and hence the defendant-appellant is no more interested in this litigation. Be that as it may, this case was listed on 08.12.2008, but no one appeared for the appellant and it was directed to be listed on 10.12.2008 for hearing under Order XLI Rule 11 of the Code of Civil - 2 - Procedure. Today when this case is called out, no one appears for the appellant to press this second appeal and, accordingly, this second appeal is dismissed for non-prosecution. MPS/ ( S. N. Hussain, J. )