GODABAI MAHADU SHINDE Vs. NARAYAN TOLLAPLPA SHINDE

JUDGEMENT

(1.) THE appellant is the original defendant No. 5 in the suit and she was aggrieved by the judgment and order dated 31-7-1980 passed by the trial Court. She preferred a civil appeal against the said judgment and order of the trial Court before the District Court at Solapur. The Appeal Court by its order dated 4-8-1984 had dismissed the said appeal. The appellant is before this Court with the above second appeal against the concurrent findings recorded by both the courts below. The second appeal is being contested only between the defendant No. 5, who is the appellant and the original plaintiff, who is the respondent No. 1. No other parties are contesting the appeal. At this stage itself I may state that the trial Court had proceeded ex parte against the defendant Nos. 1 and 2 as they did not appear to contest the suit. The defendant No. 3 alone had contested the suit at the trial stage along with defendant Nos. 4 and 5. Even before the Appeal Court the defendant Nos. 1 and 2 again did not contest and the appeal was contested by the plaintiff and the defendant No. 3 and the defendant No. 4.

(2.) DURING the pendency of the second appeal the appellant had expired and her legal heirs have been brought on record. Similarly the respondent No. 1 the original plaintiff had also expired and his legal heirs have also been brought on record. By an order dated 14-11-1996 passed by Additional Registrar the appeal came to be dismissed against the respondent Nos. 2 and 3 the original defendant Nos. 1 and 2 for non-prosecution.

(3.) FOR the sake of convenience the parties would be referred to as they were described in the original suit before the trial Court.