IN THE HIGH COURT OF JUDICATURE AT PATNA FA No 794 of 1995 1 The Chief Engineer, Irrigation Department, Baran Road, Near Housing Board Colony, P O – Baran, Bhagalpur 2 The Superintending Engineer, Irrigation Department, Compound Building, Court Compound, Bhagalpur 3 The Executive Engineer, Irrigation Division, Bounsi, District – Banka -(Defendants 02nd Party in the Court below) 4 The State of Bihar through Collector, Court Compound, Bhagalpur - (Defendant 03rd Party - Appellants Versus 1 M/s Saraswati Industrial Corporation, a registered partnership from having its place of business at Station Road, Bhagalpur and its factory at and P S – Bahadurpur, P S – Sabour, District – Bhagalpur through its partner Bishwanath Singhanea -Plaintiff – Respondent 01st Set 2 The Bihar State Construction Corporation Limited (A Government of Bihar Undertaking), Registered Office – Sitaram Sadan, Boring Road, Patna 3 The Managing Director, Bihar State Construction Corporation Limited, Sitaram Sadan, Boring Road, Patna 4 The Works Manager, Bihar State Construction Corporation Limited, Banka Unit, compact Basera Hotel Khalifabagh, Bhagalpur, Now shifted at Deoghar, P O – Deoghar 5 Shri Dhirendra Nath Jha, Works Manager (Bank Unit), Bihar State Construction Corporation Limited, 12/D/9, Anandpuri, West Boring Canal Road, Patna -Defendant 01st Party – Respondent 02nd Party ----------- 21 08.10.2009 The appeal stood dismissed as against respondents No 2 to 5 for non-compliance of peremptory order. A restoration application was filed. That also stood dismissed as against the said respondents. The case has been listed whether appeal as a whole should be treated as dismissed under the circumstances. Learned counsel for respondent No 1, the plaintiff in the Court below, states that the decree has already been complied with as a consequence of no stay having been granted. It was a money decree. The decree having been complied with and the appellants’ counsel not receiving instruction in the matter and the 2 appeal stood dismissed as against contesting respondents as well, it may be treated that the Appeal, as a whole, stands dismissed. M.E.H./ (Navaniti Prasad Singh)