STATE OF GUJARAT Vs. HASMUKHLAL HARILAL PANCHOLI

JUDGEMENT

(1.) THIS appeal under section 100 of the Code of Civil Procedure, 1908 has been filed by the State of Gujarat, challenging the judgement and decree dated 19.9.1995 passed by the learned Extra Assistant Judge, Kutch-Bhuj in Civil Regular Appeal No.59 of 1988, whereby he has dismissed the appeal preferred by the appellant and confirmed the judgement and decree dated 18.9.1986 passed by the learned Civil Judge (S.D.), Kutch-Bhuj in Regular Civil Suit No.85 of 1981 whereby he has allowed and decreed the suit of the plaintiff.

(2.) MR. B. Y. Mankad, learned advocate for the respondent states that the sole respondent ? Hasmukhlal Harilal Pancholi has expired on 9.5.2003 pending the second appeal. That vide communication dated 26.3.2004 addressed to the Government Pleader, High Court of Gujarat (a copy whereof is placed on record), the learned advocate for the respondent had informed him that the original respondent has expired and had also named the heirs and legal representatives of the deceased respondent in the said communication, and requested him to do the needful in the matter.