IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1299 of 2008 RAGHUBANSH OJHA & ORS. Versus SUKHPAL OJHA & ORS. ----------- 5 17.10.2008 This restoration application has been filed for recalling the order passed in I.A. No. 550 of 2006, dated 7.3.2008 by which the interlocutory application was dismissed as no body appeared on behalf of the petitioners. The facts are that a suit for partition was filed and the decree was passed allocating shares to the parties in the suit. Thereafter, steps were taken for appointment of a Pleader Commissioner and the final decree was prepared. The plaintiff filed a petition before the trial court for setting aside the report of the Pleader Commissioner which was rejected. Against the order of the trial court, the plaintiff moved this court by filing Civil Revision No. 248 of 2008 which too was dismissed by order, dated 2.5.2008. I.A. No. 550 of 2006 had been filed for staying the preparation of the final decree. I find that there is no merit in the prayer made by the appellants-petitioners as the final decree has now been prepared as per the submissions of counsel appearing for the respondents. In view of the aforesaid facts it would serve no useful purpose in allowing this restoration application as the prayer made in the interlocutory application has become infructuous. This application is accordingly dismissed. haque (Sheema Ali Khan, J.) 2