JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---This writ petition is filed challenging the order passed by the Vth Joint Civil Judge, Senior Division, Kolhapur on 20th March, 1993 in Special Civil Suit No. 117 of 1984. The said order came to be passed by the trial Court on an application filed by the defendants, on 21-1-1993 proving that since defendant No. 2(4) is dead and her heirs are not brought on record and the entire suit abates as the suit agreement is indivisible and that right to sue does not survive to the surviving defendants. The Lower Court upon hearing the arguments of the Counsel dismissed that application of defendant Nos. 1 to 8.

2.I heard Counsel for the petitioner Mr. Kumbhakoni and Mr. Katikar for respondents.

3.The suit was filed by the plaintiff for specific performance of the contract and also in the alternative for damages. The property belongs to one Mahadeo, father of defendant Nos. 2 to 5. Defendant No. 1 is power of attorney holder of defendant No. 2 to 5. The aforesaid Mahadeo executed the suit agreement to sell the suit premises on 16-3-1979. Before filing suit, Mahadeo died and his legal representatives impleaded as defendant Nos. 2 to 5. During the pend

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