SA/286/1978 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL No. 286 of 1978 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= KUMBHAR AMBALAL FULABHAI & 4 - Appellants Versus AMIN KESHAVLAL DAHYABHAI & 2 - Defendants ========================================================= Appearance : HL PATEL ADVOCATES for Appellants : 1 - 2.SERVED BY AFFIX.(N) for Appellants : 3,UNSERVED-EXPIRED (N) for Appellants : 4 - 5. UNSERVED-EXPIRED (N) for Defendants : 1, MR GHANSHYAM AMIN for Defendants : 1 - 2. RULE SERVED for Defendants : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 01/04/2008 ORAL JUDGMENT 1. Shri. D.N. Vakil for M/s Patel Advocates for the appellants and Shri. Saurabh Amin for Shri. SA/286/1978 2/2 JUDGMENT Ghanshyambhai Amin for Respondent no.1 have jointly submitted before this Court that,the Respondent no.1 / original plaintiff has expired and as per the information of Shri. Amin even the Respondent No. 2 & 3 have also passed away. 2. Shri. Vakil submits that, the Court was requested to adjourn this matter and special messenger Mr. Ramlalbhai of his office was sent for obtaining information but he has returned without any information, as no one is found at the given address. Both the counsels have submitted that, in light of provision of Order- XXII the appropriate direction for brining heirs on record have not been taken by any of the parties. 3. This mater is of the year 1978. Therefore this appeal is dismissed as having abated. However liberty is granted to the respective parties for approaching this Court by an appropriate application in case of heirs and/or any one comes claiming right to the suit property. This appeal is dismissed as having no action is taken for bringing on record the heirs of deceased and having abated. [ S.R. BRAHMBHATT, J ] /vgn