$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 57/2024& CM APPL. 10305/2024 JOGINDER KUMAR & ORS. .....Appellant Through: None. versus SURESH & ANR. .....Respondent Through: Mr. Akil Rataeeya Mr. Movish Lohia Mr. Sunny Dagar Mr. Harsh Gulia, Mr. Aditya Vats, Advocates For Respondent NO. 1 Mr. Sanjeev kumar Sharma and Ms. Aditya jaju, counsels for the Respondent no. 2 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 07.08.2025 1. The present appeal has been filed by plaintiffs who are aggrieved by dismissal of their application under Order XXXIX Rule 1 and 2 CPC. 2. Learned counsel for respondent, however, informs that the suit in question has already been dismissed-in-default and for non-prosecution on 03.06.2025 and in view of the abovesaid subsequent development, the present appeal does not survive. 3. None appears on behalf of appellants. 4. However, in view of the abovesaid revelation, the present appeal is disposed of as having become infructuous. 5. Needless to say, in case the suit in question is revived by the plaintiffs, they would be at liberty to seek restoration/revival of present appeal as well. 6. Pending application also stands disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 7, 2025/sw/JS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:22:27