IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL No 46 of 1983 For Approval and Signature: Hon'ble MR.JUSTICE M.C.PATEL Sd/- ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- PIR SHRI KHATIJABIBI Versus BHACHIBAI TOKERSHI -------------------------------------------------------------- Appearance: MR PV HATHI for Appellant No. 1 MR YS MANKAD for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 27/09/2002 ORAL JUDGEMENT This appeal arises out of the suit filed by the appellants for injunction to restrain the respondent defendant from opening windows in the wall of his house and creating new rights. The appellants have lost before both the courts below. It is stated at the bar by the learned counsel for both the parties that the respondent's house has been totally destroyed in the earthquake. The learned counsel for the appellants, therefore, states that the cause of action does not survive and the appeal has become infructuous. The appeal is, therefore, dismissed with no order as to costs. Sd/- [ M.C.PATEL, J ] 'Bhavesh'