JUDGMENT :

Rajesh Bindal, J.

1. The appeals,¹[R.F.A. No. 1463 of 2007 and R.F.A. No. 1782 of 2007] filed by the plaintiffs having been partly allowed by the High Court,²[High Court of Karnataka, Circuit Bench at Dharwad], the defendant No. 7 has challenged the judgment and decree,³[Judgement and decree dated 19.12.2008] of the High Court before this Court.

Facts of the case

2. A suit,⁴[O.S.No.60 of 1999] was filed by Kumar Vamanrao alias Alok son of Sudheendra Desai(plaintiff No.1), Kumar Vyas alias Prateek Sudheendra Desai (plaintiff No. 2) and Aruna wife of Sudheendra Desai (plaintiff No.3), sons and wife of Sudheendra (defendant No. 1) respectively, impleading the parents of defendant No.1 and great grant mother of the plaintiffs No.1 and 2. Kumari Arundhati (defendant No. 5) was daughter of Ramarao (defendant No.2 and sister of defendant No.1. Martandappa (defendant No.6) was said to be proposed purchaser of the part of the land. Srinivas Raghavendrarao Desai (defendant No.7) was impleaded in the suit vide order dated 02.01.2001.

2.1 Defendant No.7 is in appeal before this Court against the judgment and decree of the High Court. He having died during the pendency of the Special Leav