JUDGMENT - SINHA D.D., J.:---This civil revision application was listed before this Court for final hearing on 16-6-1998. The Counsel for the applicants made his submissions. However, since the Counsel for the non-applicants was absent, the matter was kept part heard and adjourned to 22-6-1998 as part heard. The matter could not be heard on 22nd, 23rd and 24th June, 1998 since it did not reach for hearing on those days and it remained part heard on all those days. When the matter is called out today for hearing, the Counsel for the non-applicants is absent. Hence, the matter is proceeded further on merits.

2. Shri Khamborker, the learned Counsel for the applicants, submitted that the present non-applicants filed Regular Civil Suit No. 32/70 for setting aside partition and re-determination of share of Narayan Bhagwant Pande. It is further submitted that the trial Court decreed the Suit No. 4-5-1972. The learned Counsel submitted that original defendant Damodar Bhagwant Pande being aggrieved by the said judgment and decree passed by the trial Court, preferred first appeal. However, same came to be dismissed. Thereafter, second appeal bearing No. 215/75 was preferred, which also came t

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