JUDGMENT

Paripoornan, J.-Special leave granted. I.A. Nos. 5 and 6 of 1997 to implead M/s. Kamal Construction Co. (a partnership firm) as additional respondent in the appeals, are allowed.

2. There are three appellants in these appeals. Appellant No. 1 is a firm wherein appellant Nos. 2 and 3 are partners. Appellants were original plaintiffs in Suit No. 133/89 in the High Court of Bombay. These two appeals are preferred against the judgment and orders dated 10.7.1996 passed by a Division Bench of the Bombay High Court in Civil Appeal Nos. 464/96 and 513/96, dismissing the appeals. The first respondent was originally the first defendant. Respondent Nos. 1(a) to 1(d) are his legal heirs. Respondent Nos. 2 and 3 are co-owners of the property in question. Respondent No. 4 is M/s. Kamal Construction Co. (a firm).

3. Original defendant No. 1, Indubhushan M. Obhan, died pending the suit. He owned and possessed 1/3rd undivided share in the property measuring 20569.51 sq. mts. situate in Kanjur village, Kurla Taluk, Bombay. The other two co-owners are his brothers. Indubhushan was adjudicated as an insolvent on 29.7.1971. Evidently, this aspect seems to have been published in the Gazette and al