JUDGMENT - 1. This second appeal reached hearing before me on 12 th July, 1972 when it was pointed out that the first respondent to this second appeal. Sonu Ouna Patil (Original Plaintiff No. 1 in Regular Civil Suit No. 34 of 1960) had died on 10th October 1968. It was further stated that although intimation to this effect had been conveyed to the appellants Advocate on 4th February 1972 no steps have been taken by the appellants to bring Sonus heirs on the record. On this admitted position I held that the appeal had abated as far as the first respondent Sonu was concerned. The question then remained to be considered was whether the appeal had abated qua the second respondent and even if it be held that it had not abated could it be proceeded with against the second respondent ?

2. Mr. Ganpule on behalf of the second respondent contended that the appeal could not be proceeded with only against second respondent because if it was proceeded with an allowed this would result in two inconsistent decrees in the same matter remaining on the record. After this contention was stated Mr. Kotwal and Mr. Ganpule asked that the matter may be kept back for a few days and on their joint applicati

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