IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.49 of 2005 1. Narsingh Prasad Rai, S/o Late Hardwar Rai 2. Ram Ekbal Rai S/o Late Hardwar Rai 3. Ramadhar Rai S/o Late Hardwar Rai All residents of village – Rustamabad Kurkuri, P.S. – Phulwari, District – Patna. …………. (=Defendant nos. 1 to 3) ………….. Appellants. Versus 1. Balkuer Devi Wife of Late Hardwar Rai, Resident of Village – Rustamabad Kurkuri, P.S. – Phulwari, District – Patna…… (=Plaintiff) Respondent 1st Set. 2. Ashamati Devi Wife of Ramnandan Prasad, Resident of village – Kaila, P.S. – Asthawan, District Nalanda. 3. Krishna Rai Son of Late Hardwar Rai, resident of village – Rustamabad Kurkuri, P.S. – Phulwari, District – Patna …….. (=Defendant nos. 4 and 5) ……… Respondent 2nd Set. ---------------------------------- 14 17.10.2011 On call, none appeared on behalf of the appellants. In this matter, on 06.05.2011, none had appeared on behalf of the appellants. The appeal was adjourned. However, it was noticed that interim order of stay was continuing. Again on 12.05.2011, on call, none had appeared on behalf of the appellants. Learned counsel for the respondents was present. And after hearing while the court was dictating order, learned counsel for the appellants appeared and made prayer for adjournment for the day. The prayer was allowed. However, interim order of stay was directed to be vacated. Today again, none has appeared. Accordingly, the appeal stands dismissed. Sri Ajay Kumar, learned counsel for the respondents is present. The appeal stands dismissed due to non-prosecution. Praful ( Rakesh Kumar, J.)