IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.337 of 2008 1.Sri Basisth Narain Sahi, son of late Ramdeo Sahi. 2. Sri Kapileshwar Sahi, son of late Ramdeo Sahi. 3. Sri Tapeshwar Sahi, son of late Ramdeo Sahi 4. Sumitra Devi, wife of late Kailash Sahi 5. Sri Arvind Kumar Sahi, son of late Kailash Sahi 6. Sri Jai Narayan Sahi, son of late Kailash Sahi 7. Ram Lakhan Sahi, son of Ram Praveh Sahi, all resident of village-Sahbajpur, P.O. Bhikanpur Kothi, P.S. Ahiyapur, District-Muzaffarpur --- Plaintiffs --- Petitioners. Versus 1. Most Jank Nandani Sahchari Devi, W/O late Raj Kishore Sahi, resident of Village Badur Chhapra, P.S. and Anchal Musahari, District-Muzaffarpur at present residing at Village Sahbajpur, P.O. Bhikanpur Kothi, P.S. Ahiyapur, District- Muzaffarpur. --- Defendant first Party. 2. Nagendra Sahi, son of late Ram Briksh Sahi, resident of village-Sahbajpur P.O. Bhikanpur Kothi, P.S. Ahiyapur, District- Muzaffarpur --- defendant second Party. 3. Baidhia Vallabh Sharan, son of Nagendra Sahi, resident of Village Sahbajpur, P.O. Bhikanpur, Kothi, P.S. Ahiyapur District- Muzaffarpur. 4. Kapil Devi Rai son of late Faturi Rai, resident of Village Ahiyapur P.O. Bhikanpur Kothi, P.S. Ahiyapur, District- Muzaffarpur. 5. Smt. Veena Devi, wife of Shree Bindeshwar Prasad Singh, resident of village- Sekhpur Akharaghat P.S. Ahiyapur, District- Muzaffarpur. 6. Smt. Vimla Devi, wife of Shree Dhirendra Kumar resident of Village Shabhajpur Salem P.S. Ahiyapur, P.S. Bhikanpur Kothi, District-Muzaffarpur --- Defendant third party….Opposite Parties. --------------- 2. 2.8.2010 Learned counsel for the petitioner is present. This application under section 115 of the Code of Civil Procedure has been preferred by the petitioners against the order dated 17.1.2008, passed in Title Suit No.317 of 2006 (Sri Basisth 2 Sahi & Ors. Vrs. Most. Janak Nandani Sahchari & Ors.), whereby the application of the defendant was allowed. Learned counsel for the petitioners submits that this application has become infructuous. It is accordingly dismissed as having become infructuous. Vinay/ ( S. K. Katriar,J. )