1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants-original defendants to quash and set aside the impugned judgment and decree passed by the learned Joint Civil Judge (Junior Division), Rajkot dated 30/06/1983 in Regular Civil Suit No. 265/1985 as well as the impugned judgment and order passed by the learned appellate Court in Regular Civil Appeal No. 102/1983 by which the learned appellate Court has dismissed the said appeal confirming the judgment and decree passed by the learned trial Court decreeing the suit.
2. Having heard Shri Pandya, learned advocate appearing on behalf of the appellants-original defendants, it appears that the dispute before the learned trial Court was with respect to the order of transfer passed by the appellants-original defendants transferring the respondents-original defendants and the learned trial Court decreed the suit, which came to be confirmed by the learned appellate Court. It is reported that in the present Second Appeal injunction was granted against implementation and operation of the impugned judgment and order passed by both the Courts below and as such the appellants-original plaintiffs were directed to report to duty at their original post. It is reported that during pendency of the present Second Appeal, respondent no. 1 has expired on 31/10/2002 and respondent no. 2 has expired on 30/06/2011. Under the circumstances, apart from the fact that the present Second Appeal has become infructuous even the same is also required to be dismissed as having been abated as heirs of the respondents are not brought on record.
3. In view of the above subsequent development, it appears that the right to sue does not survive and, therefore, the present Second Appeal is dismissed as having become infructuous. No cost.
(M.R.
SHAH, J.) siji Top