IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.436 of 1986 1(a) Tara Muni Devi widow of Late Madan Lal Singhania 1(b) Pramod Kumar Singhania, Son of Late Madan Lal Singhania 1(c) Sanjay Kumar Singhania 1(d) Vijay Kumar Singhania 2. Ramautar Singhania , all residents of Mohalla Lal Bazar, P.S. Bettiah, District West Champaran -------------- Appellants. Versus 1. GOVIND RAM SHARMA S/O Late Brij Mohan Prasad Sharma, resident of Mohalla Lal Bazar, P.S. Bettiah, District- West Champaran 2. Haridwar Prasad Singhania, Son of Late Ram Chandra Prasad Singhania , resident of Mohalla Lal Bazar, P.S. Bettiah, District- West Champaran ------- Respondents. ----------- 21 17-08-2009 A supplementary affidavit has been filed on behalf of Pramod Kumar Singhania , one of the substituted sons of deceased appellant no.1, Madan Lal Singhania in support of I.A. No.3979 of 2009. In the said supplementary affidavit, it has been submitted that their mother Taramuni Devi , widow of deceased appellant no.1, Madan Lal Singhania ,died during the pendency of Civil Appeal No.8698 of 2002 before the Hon’ble Supreme Court and her name was deleted from the list of the respondents before that Court only. It appears that pursuant to the deletion of the name of Taramuni Devi before the Hon’ble Supreme Court no efforts were made by the learned counsel for the appellants to have her name deleted in the Memorandum of Appeal of the present case. Let her name, in that view of the matter, be deemed to be deleted from the Memorandum of Appeal. - 2 - It has also been stated in the said supplementary affidavit that appellant no.2, Ramautar Singhania is traceless for the last so many years. The substituted heirs of deceased appellant no.1, namely, his three sons have prayed for withdrawal of this appeal simpliciter.The appellant no.2 being traceless and no information whereabout his being available and Taramuni Devi’s name having already been deleted , the prayer made by three sons of deceased appellant no.1 for withdrawal of this appeal is allowed. The appeal is dismissed as withdrawn. NKS/- ( Abhijit Sinha, J )