SHANKERBHAI HARIBHAI BHOI Vs. PUNJIBEN VIHABHAI

JUDGEMENT

(1.) THE present Second Appeal has been filed under Section 100 of the Civil Procedure Code, 1908 challenging the Judgment & Decree dated 31.01.1991 passed by the Learned 4th Joint Civil Judge (SD), Nadiad in Regular Civil Suit No.99 of 1991 as well as Judgment & Order dated 10.09.1997 passed by the Learned 2nd Extra Assistant Judge, Kheda at Nadiad passed in Regular Civil Appeal No.24 of 1991 posing the substantial questions of law as mentioned in the memo of Second Appeal.

(2.) HOWEVER, learned counsel, Mr.N.S. Deail for the applicant-original defendant and learned counsel, Mr.Vikram Thakor for learned counsel, Mr.M.C. Bhatt for the respondent-original plaintiff have placed on record the death certificates of both the applicant and the respondent herein stating that as they had no instruction, they have not taken any steps to bring on record the legal heirs and, hence, this Second Appeal may be disposed as having become abated. Accordingly, the present Second Appeal stands disposed of as having become abated. Notice, if any, is discharged. Interim relief, if any, stands vacated.