IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.247 of 2002 PURUSHOTTAM TULSYAN & ORS Versus SATYANARAYAN JHUNJHUNWALA & OR ----------- 13 9.4.2010 Heard learned Senior counsel Sri S.S.Dwivedi on behalf of the respondents and learned counsel Sri B.K.Shukla on behalf of the appellants on the interlocutory application, i.e. I.A.No.1602 of 2010. This Misc. appeal is directed against the order dated 20.2.2002 passed by Sub-Judge IV, Bettiah, in Title Suit No.16 of 1991 whereby Sub-Judge appointed respondent no.1, i.e. Satya Narain Jhunjhunwala as receiver in exercise of power under Order 40 rule 1 C.P.C. In paragraph 1 of the aforesaid interlocutory application the respondents have categorically stated that the said respondent no.1, Satya Narain Jhunjhunwala died on 31.8.2007 and a death certificate has been annexed as Annexure-2 to the said interlocutory application. The appellants had not filed any counter affidavit to this interlocutory application. In view of the above facts and circumstances of the case, since the respondent no.1 who was appointed as receiver has died, this appeal has now become infructuous. Accordingly, this Misc.appeal is dismissed as having become infructuous. 2 Let the L.C.R. received earlier be sent down forth with to the court concerned. AnilKr.Sinha ( Mungeshwar Sahoo, J )