5 S.B. CIVIL FIRST APPEAL NO.104/2001 Date of Order :: 18th November 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Pappu Sangwa for Mr.Anand Purohit, for the appellant. .... This appeal has been preferred as Civil First Appeal against the order dated 16.11.2000 as passed by the District Judge, Merta on an application under Section 40 of the Rajasthan Public Trusts Act, 1959. Though this Court has reservations about the competence of the present matter as a regular first appeal but then, it is noticed that the respondent No.1 herein was reported to have expired as per the report made on 01.05.2008 on the notices sent for him. The District Judge who had decided the said application has unnecessarily joined as respondent No.2 in this appeal. Be that as it may, for the relevant party i.e., the respondent No.1 having expired, as reported about six months back; and no steps in his relation having been taken, without going into any other aspect, it is apparent that this appeal has abated. The appeal be consigned to record as such. (DINESH MAHESHWARI), J. s.soni