JUDGMENT: None for the appellants. 2. Shri Pranay Gupta, learned counsel for respondent no.1 (a) to 1 (d), 2 and 3. Shri Amit Sharma, learned PL for respondent nos. 4 and 5. 3. This case is listed today for consideration of MCP No. 4575/03, appellants' application for condoning the delay in fling this appeal as the same is barred by 1429 days and such IA is pending since the year 2003. It is also mentioned that by interim order dated 8.5.2004, the execution of the impugned judgment and decree was stayed without considering the aforesaid MCP on merits and since then the appellants are enjoying the aforesaid interim stay and the appeal is pending for adjudication of aforesaid IA filed to condone the alleged delay. 4. It is apparent that on taking the matter for hearing today on the aforesaid MCP, no one is present to prosecute the same, so also in view of the provision of Order 41, Rule 17 of CPC such IA could not be considered voluntarily on merits, hence there is no option with the court either to adjourn the matter or to dismiss the aforesaid MCP for want of prosecution. Since the matter is pending since 2003, I do not find to adjourn the matter in the lack of any request on behalf of the appellants. Thus, by adopting other way, as stated above, the aforesaid MCP is dismissed for want of prosecution. Consequently, this appeal is also dismissed. In view of this dismissal, the interim order passed earlier on 8.5.2004 has also come to an end. There shall be no order as to cost.