1. The present Second Appeal u/s.100 of the Code of Civil Procedure has been preferred by the appellants herein - original defendants to quash and set aside the impugned judgement and order passed by learned District Court, Junagadh in Regular Civil Appeal No.10 of 1984, by which, learned Appellate Court has allowed the said appeal preferred by the original plaintiff by quashing and setting aside the judgement and decree passed by the learned Trial Court and consequently decreeing the suit.
2. Today when the present second appeal is taken up for final hearing, it is reported that sole respondent herein - original plaintiff has expired. It is also reported that even appellant No.2 has also expired. No steps are taken to bring the heirs of sole respondent herein - original plaintiff as well as appellant No.2 herein on record.
3. In view of the above, the present second appeal is required to be dismissed as having been abated. Under the circumstances, the present Second Appeal is dismissed as having been abated. No costs.
[M.R.SHAH,J] *dipti Top