A.S.ANAND,  CJI.

(1) LEAVE granted.

(2) CIVIL suit OS No. 176 of 1980, filed by Respondents 1 and 2 before the learned Munsif, Anekal for a declaration that the sale deeds executed by the parents, i.e., Defendants 8 and 9, in favour of the appellants are null and void and for delivery of vacant possession of the suit property, was decreed by the trial court on 18-6-1986. The appellant challenged the judgment and decree of the trial court through an appeal which was allowed by the first appellate court on 24-11-1990.

(3) A regular second appeal filed by the respondents was allowed by the learned Single Judge of the High Court of Karnataka on 23-6-1998. Hence this appeal, by special leave.

(4) THE respondents have been served by substituted process, but despite service, are not present.

(5) THE grievance projected by Mr Mohta, learned Senior Counsel appearing for the appellants is that the learned Single Judge has totally ignored the provisions of Section 100 CPC and the judgments of this Court and dealt with the regular second appeal in a casual manner.

(6) WE find force in the submission of Mr Mohta.

(7) FROM a perusal of the impugn