ABHAY MANOHAR SAPRE,J. - (1.) These appeal are filed by the plaintiffs against the final judgment and order dated 28.04.2003 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Second Appeal No.48 of 1992 whereby the Single Judge of the High Court while exercising jurisdiction under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") allowed the appeal filed by the original defendant, set aside the judgment and order passed by the appellate Court and confirmed the judgment and decree passed by the Trial Court and dated 25.08.2005 in Review Application No.235 of 2003 arising out of judgment/order dated 28.04.2003 passed in SA No.48 of 1992 by which the Review was also dismissed by the Single Judge.
(2.) Facts of the case lie in a narrow compass so also the issue involved in the appeals is very short. The relevant facts, however, need mention infra to appreciate the issue involved in the appeal.
(3.) The appellants are the plaintiffs whereas the respondents are the legal representatives of the original defendant-Ajabrao, who died during the pendency of the appeal before the High Court, in the civil suit out of which these appeals arise.;