ORDER

1. Leave granted.

2. These appeals arise out of the judgment and decree of the High Court of Judicature at Bombay, Aurangabad Bench, dismissing a Second Appeal as having abated due to the death of one of the respondents and dismissing an application to set aside abatement.

3. Heard learned counsel for both sides.

4. Sans unnecessary details, the facts leading to the aforesaid appeals can be summarized as follows:-

(i) Two sons of one Tukaram Rodge filed a civil suit for declaration and possession against the two sons of one Gangaram Rodge impleading the mother of the plaintiffs as a proforma Defendant No. 3.

(ii) The suit was dismissed by a judgment and decree dated 30.06.1982.

(iii) The unsuccessful plaintiffs filed a Regular First Appeal in C.A.No. 134 of 1982. The First Appellate Court decreed the suit as prayed for, by a judgment and decree dated 30.12.1992.

(iv) The Defendant Nos. 1 and 2 namely sons of Gangaram filed a Second Appeal in S.A. No. 67 of 1993, on the file of the High Court.

(v) The original plaintiffs, namely, the two sons of Tukaram, were Respondent Nos. 1 and 2 in the Second Appeal and the 3rd Defendant, who was only a proforma defendant, was Respondent No.3 in th