JUDGMENT :

N.V. Ramana, J.

These appeals by special leave are directed against an interim order dated 24.2.2009 passed by the learned Single Judge of the High Court of Judicature at Patna in Second Appeal No. 169 of 1993.In the said appeal, while dealing with I.A. No. 7162 of 1999 and I.A. No. 8089 of 1999, filed by two applicants and each of them claiming to be the sole legal representative of the deceased appellant No.1 before the High Court, the High Court has allowed both the applications of rival contenders and permitted both of them to raise their respective arguments in the subject matter of pending civil suit.

2. The genesis of the case is traceable to a Suit filed by the respondents herein against one Swami Sheo Dharmanand and two others seeking the relief of declaration that they are trespassers and for consequential relief of grant of permanent injunction. Consequent to its dismissal, plaintiffs-respondents filed First Appeal before the Sub-Judge, Bhabhua which was allowed. The aggrieved defendants preferred Second Appeal before the High Court. During the pendency of Second Appeal before the High Court, one of the original defendants i.e. Swami Sheo Dharmanand (Appellant No