IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 64 OF 2004 SHRI MINGUELITO PEREIRA,ORLIM,SALCETE-GOA. ... Appellant Versus SHRI PASCOAL PATRICK CARDOZO AND 3 ORS., ... Respondents Shri Valmiki Menezes, Advocate for the appellant. Shri J. Godinho, Advocate for the respondent no.1 to 4. Coram:- A. P. LAVANDE, J. Date:- 14th November, 2008 P.C. Mr. Menezes for the appellant states that the appellant expired on 21.05.2007. Death Certificate produced by the learned counsel is taken on record and marked 'x' for identification. Mr. Menezes submitted that the appeal is preferred against the decree passed by the Trial Court dismissing the suit filed by the appellant claiming damages against the respondents/defendants for defamation. According to the learned counsel, since the cause of action no more survives, the appeal becomes infructuous. Since the suit was filed by the appellant claiming damages, for defamation, the cause of action no more survives and consequently the appeal has become infructous and disposed of accordingly. A. P. LAVANDE, J. lh/.