1.0 Present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant herein original defendant no.1 to quash and set aside the impugned judgment and decree passed by the learned Joint Civil Judge, Rajkot dated 23.9.1996 passed in Regular Civil Suit No. 428 of 1983 as well as judgment and order passed by the learned Appellate Court dated 15.3.2008 passed in Regular Civil Appeal No.104 of 1997.
2.0 Though, served nobody appears on behalf of the respondentsoriginal plaintiffs.
3.0 Today, when the present appeal is taken up for final hearing, Shri Dave, learned AGP has stated at the bar under the instruction from the concerned officer from the office of the Director of Fisheries that all the respondents have retired from service and they are paid their pensionary benefits also. In view of the above, as such present appeal has become infructuous and / or no further order is required to be passed except disposing of Second Appeal without observing anything further on merits with respect to impugned judgment and decree passed by the learned trial Court confirmed by the learned Appellate Court and by observing that as this Court has not considered the appeal on merits the judgment and decree passed by the learned trial Court confirmed by the learned Appellate Court shall not be cited as a precedent and as and when any similar controversy is raised the same shall be considered in accordance with law without in any way being influenced by the impugned judgment and order passed by both the Courts below.
4.0 With this, present Second Appeal is disposed of . It is reported that pursuant to the interim order passed by this Court, the appellant has deposited a sum of Rs. 2342/ with the Registry of this which the appellant is permitted to withdraw and the Registry is directed return the same to the appellant by Account Payee Cheque in the name of Deputy Director of Fisheries. With this, present Second Appeal is disposed of.
“kaushik”
sd/ ( M. R. Shah, J. )