M. B. VISHWANATH, J.

( 1 ) THIS second appeal has been filed under Section 100 of the civil Procedure Code. The appellant (since deceased by L. Rs) is the defendant. First respondent is the first plaintiff and the second respondent (since deceased by L. Rs) is the second plaintiff. The plaintiffs are husband and wife.

( 2 ) THE plaintiffs (present respondents) filed the suit, Original Suit No. 232 of 1974 before the Additional II Munsiff, Bangalore, for specific performance of the agreement to reconvey the suit property bearing S. No. 108, situated in Nagaraja Layout, byappanahalli Village extension, K. R. Pura Hobli, Bangalore south Taluk, executed by the defendant (present appellant ). Ex. P-1 is the agreement to reconvey.

( 3 ) THE Trial Court decreed the suit. The defendant, aggrieved by the judgment and decree passed by the Trial Court, preferred appeal before the Civil Judge, Bangalore, in Regular Appeal No. 106 of 1978.

( 4 ) THE learned First Appellate Judge allowed the appeal and remanded the matter to the Trial Court.

( 5 ) THE Trial Court, after the remand, again decreed the suit

( 6 ) THE defendant preferred appeal in Regular Appeal No. 393 of 1980. The First Appellate Co

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