S. U. KAMDAR, J.

( 1 ) C. A. No. 5922 of 2004 : By the present civil application, the applicants/respondents Nos. 2 and 3 are seeking early disposal of the Letters Patent Appeal. Civil Application is granted. Appeal is taken up hearing forthwith.

( 2 ) HEARD learned Counsel for the parties. The present appeal is arising out of the order dated 10th March, 1992 passed by the Single Judge. By the impugned order dated 10th March, 1992, the learned Single Judge has dismissed the petition as abated. According to the learned Single Judge, there was delay in filing the application for bringing legal heirs of deceased respondent No. 3 on record and in view thereof, application for condonation of delay has been refused and the petition has been dismissed.

( 3 ) THE main petition was filed challenging the order dated 4th July, 1991 passed by the Maharashtra Revenue Tribunal in Appeal No. 1/b-109/89 confirming the order dated 10th September, 2004 passed by the Tahsildar. Some of the facts of the present case are as under :

( 4 ) THAT the respondent Nos. 2 to 5 are tribals under the provisions of the maharashtra Restoration of Lands to Scheduled Tribe Act, 1974. According to the appellan