JUDGMENT

K. RAMASWAMY, J.:—These appeals by special leave arise from the judgment of the High Court of Bombay dated April 7,1977 by which LPA 15/77 was dismissed in limine. The facts lie in a short compass for deciding the question of law arising in these appeals. On August 2, 1955, a preliminary decree in Spl. Civil Suit No. 296/49 was passed declaring that Chandrakant-first respondent was entitled to 1/6th share and the appellants were entitled to 5/6th share in the suit properties. An order was made on April 19, 1958 directing preparation of a final decree. On December 19, 1960, first respondent supplied non-judicial stamps to engross and sign the final decree to the extent of his 1/6th share. On January 11, 1961, a final decree, in that behalf, was engrossed on the stamped paper and signed by the trial Court. Since the appellants had not supplied the non-judicial stamps, no final decree was made qua them. On the other hand, Darkhast No. 41/63 was filed by them for execution of the preliminary decree which was subsequently dismissed as withdrawn. Darkhast No. 70 was filed in 1965 which was dismissed on March 13, 1968 as the application was barred by limitation. In First Appeal N