Mano Devi & others vs. Ram Rattan and others RSA No.57 of 2015 15.07.2025 Present: Mr. Rakesh Thakur, Advocate, for the appellants. Mr. Rajinder Singh Thakur, Advocate, for respondents No.1 to 6. Record reveals that on 10.05.2024, Court notices were ordered to be issued to the appellants, as learned counsel representing the appellants had shown his inability to appear for want of instructions. Notices were served upon all the appellants, except appellant No.1, who was stated to have died. Thereafter, the case was listed on 05.07.2024 on which date, the following order was passed: “Learned counsel appearing on behalf of the appellants intends to move an application under order 3 Rule 4 Sub Rule 2 thereof for determining the power of attorney signed by the appellants in his favour. Needful be done within a period of six weeks.” Thus, the application CMP No.12481 of 2024, has been filed by learned counsel representing the appellants seeking leave to withdraw from the case for want of instructions. Application is allowed. Learned counsel representing the appellants is allowed to withdraw from the case. Since, the Court notices were served upon the appellants No.2 to 5 and none has put in appearance till date, it appears that the appellants are not interested to prosecute the appeal. It is evident from the record that the death of appellant No.1 Mano Devi will also not have any effect as her estate is already represented by appellants No.2 to 5, who are her son and daughters. In the circumstancesJuly 2025, as noticed above, this Court is left with no other alternative except to dismiss the appeal for non-prosecution. Ordered accordingly. ( Satyen Vaidya ) Judge July 15, 2025 (vt)