Present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants herein-original defendants to quash and set aside the impugned judgment and decree passed by the learned Civil Judge (S.D.), Junagadh dated 18.5.1990 passed in Regular Civil Suit No. 656 of 1990 as well as impugned judgment and order passed by the learned Appellate Court passed in Regular Civil Appeal No.45 of 1995.
At the outset, it is required to be noted that the dispute in the suit was with respect to non granting of promotion to the original plaintiff. Today, when the present appeal was taken up for final hearing, Shri Dagli, learned advocate for the appellant has stated at the bar that sole respondent has expired in the year 1997. According to him even the ad-hoc promotion was also granted to the appellant subject to ultimate outcome of the present petition. In view of the fact that the sole respondent has expired, without further expressing anything on merits and/ or entering into the merits of the case, present Second Appeal is disposed of. Liberty to revive the appeal in case of difficulty.
sd/-
(M.R.SHAH,J.) kaushik Top