IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.199 of 2003 1. Sarweshwar Tiwary 2. Akhileshwar Tiwari Both sons of Late Jagdish Tiwary Proprietor Patna Transport Agency now known as New Patna Transport Agency, 4 Gangadhar Babu Lane Babu Bagar Street, Calcutta-700012 3. Bimla Tiwari, wife of Vijay Tiwari, daughter of Jagdish Tiwari of village Dhanaha Post office Mujhwari Police station Simri Dist Buxar at present Patna Transport Agency now known as New Patna Transport Agency, Ranchi Road, Biharsharif Defendants-respondents-appellants Versus 1. Smt Bihbha Prasad wife of Late Raj Kishore Prasad 2. Rohit Kumar son of Late Raj Kishore Prasad 3. Rashmi D/o Late Raj Kishore Prasad 4. Lavely D/o Late Raj Kishore Prasad All resident of Mohalla Jalalpur Town Bihar Post office Biharsharif, Dist.Nalanda 5. Md Arif 6. Md Ashique Both sons of Late Abdul Latif resident of Mohalla Shekhana Khurd Town Bihar, Post Office Biharsharif Dist. Nalanda 7. Sri Binod Kumar 8. Sri Sujit Both sons of Setal Prasad resident of Mohalla Jalalpur Lauri Bihar Post office Biharsharif, Dist Nalanda Plaintiffs-appellants-respondents 9. Laxman Prasad son of Jadupati Prasad resident of Mohalla Bhainsasur Post Office Biharsharif Dist Nalanda Defendant-respondent- respondent ----------- 12 16.03.2009 Learned counsel for the appellants and learned counsel for the respondents are present. Learned counsel for the appellants submits that his clients, namely, appellants have taken away the file as they do not want to press the second appeal. Accordingly, the second appeal is not pressed by the appellants. In the said circumstance, this second appeal is dismissed for non-prosecution. shahid (S.N.Hussain, J)