Kumbhar Ambalal Fulabhai v. Amin Keshavlal Dahyabhai
2008-04-01
S.R.BRAHMBHATT
body2008
DigiLaw.ai
JUDGMENT : S.R. Brahmbhatt, J. Shri. D.N. Vakil for M/s Patel Advocates for the appellants and Shri. Saurabh Amin for Shri. 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 matter 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. Appeal allowed.