JUDGEMENT :- This Second Appeal No.244 of 1985 is directed against the judgement and decree passed in Regular Civil Appeal No. 389 of 1983 by the learned District Judge, Nanded on 29th October, 1985. Learned District Judge, Nanded held that due to failure of the plaintiff to deposit the balance amount of the sale consideration within the time stipulated by the trial Court, the suit, after the expiry of the given period automatically, stood dismissed. The learned District Judge, Nanded further held that the appeal thus, became infructuous and is, therefore, disposed of accordingly, in the light of the matter, without disturbing the judgement and decree of the trial Court.

2. The facts, in short, may be sum-marised, as follows :

(a) The appellant, in the second appeal, was the plaintiff in Regular Civil Suit No. 270 of 1982 and one Mr. Mahadu s/o Kerba was the defendant in the suit. Defendant-Mahadu Kerba died during the pendency of second appeal, in this Court, and his legal heirs have been brought on record. The legal heirs of deceased-Mahadu/original defendant, are respondents in the second appeal. The parties, hereinafter, are referred to their status in Regular Civil Suit No. 270

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