IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.176 of 2006 1. Subhash Singh 2. Sines Singh Both sons of late Banwari Singh, resident of village Teldiha, P.S. Madanpur, District Aurangabad, at present resident of village Bharkur, P.O. Reyasat Pawai, P.S. and District Aurangabad. -Plaintiffs/Respondents/Appellants. Versus 1. Smt. Anjoo Devi wife of Sri Bhola Singh 2. Sri Bhola Singh, son of late Brikch Narain Singh 3. Sri Siwesh Singh, son of late Briksh Narain Singh 4. Gauri Kuer, wife of late Birichh Narayan Singh. All residents of village Bharkur, P.O. Reyasat Pawai,P.S. Aurangabad, District Aurangabad. --Defendants/Appellants/Respondents 1st set. 5. Jamun Kuer @ Jamuna Kuer, wife of late Dasrath Singh, resident of village Darbhanga ,P.S. Madanpur,Distt. Aurangabad 6. Mostt. Jaleshwar Kuer, wife of Keshwar Singh 7. Ramdeo Kahar, son of name not known 8. Kamdeo Kahar, son of name not known 9. Ramgati Yadav, son of name not known 10.Dharamu Yadav, son of name not known All residents of village Bhaskur, P.O. Reyasat Pawai,P.S. and District Aurangabad. 11. Mohd. Mustaque Ahmad, son of Mohd. Sahid Ahmad 12. Sonarik Bhagat son of Bishundeo Bhagat 13. Munarik Bhagat son of Bishundeo Bagat All residents of village Reyasat Pawai, Tola Titai Bigha, P.S. and District Aurangabad. 14. Navrang Yadav, son of name not know, resident of village Katharua, at and P.O. and P.S. and District Aurangbad. 15. Secretary Madarsa Vidyalaya, Pawai, Tola Titai Bigha, P.O. Reyasat Pawai,P.S. and District Aurangabad. - Proforma Defendants/Appellants/Respondents IInd set. ----------- 06/ 02.12.2008 Neither of the two counsel for the appellants are present in the Court when this second appeal is called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. However, another learned counsel appears and submits that clients have taken the brief of the case and inspite of his best efforts they could not be 2 contacted and hence he has got on instruction in that regard. Accordingly, this second appeal is dismissed for non- prosecution. MPS/ ( S. N. Hussain, J. )