IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL No 94 of 1978 For Approval and Signature: Hon'ble MR.JUSTICE M.C.PATEL ============================================================ 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? -------------------------------------------------------------- THAKARSHI NANJI Versus KANJI KHIMA -------------------------------------------------------------- Appearance: UNSERVED-EXPIRED (N) for Appellant MR PV HATHI for Respondent No. 1 UNSERVED-EXPIRED (N) for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 19/06/2003 ORAL JUDGEMENT On elevation of the learned advocate for the appellant as a Judge of this court, notice was issued to the appellant but it has come back unserved with an endorsement that the appellant had died. It also appears from the record that in 1984, the learned counsel for the respondent had filed a note stating that the respondent had died five years back but no steps were taken to bring his heirs and legal representatives on record. The appeal is, therefore, dismissed. ( M.C. Patel, J. ) hki