IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.221 of 2009 1. Kanhaiya Lal Gupta 2. Kundanlal Gupta (Minor son of Rameshwar Prasad Gupta), Both are sons of Rameshwear Prasad Gupta and the appellant no.2 is under Guardianship of appellant no.1. 3. Jai Babu Gupta @ Kallu Gupta, son of Late Chamru Sah, All are resident of village Kalyanpur, P.S. Mohidinagar, R.S., District Samastipur. ... ... Appellants. Versus 1. Umesh Kuwar son of Late Tek Narayan Kuwar 2. Anil Kuwar son of Late Tek Narayan Kuwar 3. Smt. Sulekha Devi wife of Mithleshwar 4. Dinesh Sah son of Late Chamru Sah 5. Shankar Sah son of Dinesh Sah 6. Smt. Sulochna Devi wife of Dinesh Sah 7. Chunchun Sah Bijay Kumar Gupta son of Dinesh Sah All are resident of village Kalyanpur, P.S. Mohiddinagar, District Samastipur. 8. Malti Devi wife of Madan Prasad Gupta, resident of Bajitpur, P.S. Bidyapati, District Samastipur. 9. Lalita Devi wife of binod Sah, resident of village Mahnar, P.S. Mahnar, District Vaishali. 10. Gayatri Devi wife of Bharat Prasdad, resident of village Marwa, P.S. Marwah, District Siwan. 11. Sheela Devi wife of Late Durga Prasad, resident of village Marwa, P.S. Marwah, District Siwan. 12. Neela Devi, wife of Shyam Bali, resident of village Teghra, P.S. Teghra, District Begusarai. ... ... Respondents. ---------------------------------- 17. 15.9.2011. The present appeal was preferred against the order dated 24.9.2008 passed in Title Suit No.128 of 2008 whereby learned court below had rejected the petition filed on behalf of the appellants under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure. Since the impugned order was passed long back, no purpose would be served in passing any order on merit and as such the court is of the opinion that 2 appeal can be disposed of directing the court below to expedite and conclude the suit without any delay. With above observation and direction, the appeal stands disposed of. N.H./ ( Rakesh Kumar,J.)