ORDER : Arun Bhansali, J. This appeal is directed against the order dated 12.3.2010 passed by Addl. District Judge, Rajgarh (Churu), whereby the application filed by the respondents under Order 39, Rule 1 & 2 CPC has been accepted. 2. The appeal is pending consideration since the year 2010. 3. Report was summoned from the court of Addl. District Judge, Rajgarh (Churu) regarding the status of the suit. 4. A report has been sent, inter alia, indicating that the Civil Original Suit has been rejected on 6.12.2013 for non prosecution. 5. In view of the above state of affairs, the appeal has been rendered infructuous. The same is, therefore, dismissed as having become infructuous.