1. On 15/9/2011 I had passed following order:

“1. Heard Mr. Dilip Bodke, Advocate for the Appellants/Applicants and Mr. Uday Warunjikar, Advocate for Respondent Nos. 3 A to 3C. In the peculiar facts of this case, which will be narrated by me hereinafter without issuing formal rule on this Civil Application, this Civil Application and the Second Appeal are proposed to be disposed of by framing questions of law in the Second Appeal. It is therefore, necessary to narrate a few facts.

2. Yashoda Jagannath Ghorpade and Godabai @ Shashikala Uttam Dhane who are Respondent Nos. 1 and 2 in the Second Appeal had filed R.C.Suit No. 34 of 1988 in the Court of Civil Judge, Sr. Division, Satara for specific performance of an Agreement of re-conveyance, possession and mesne profits. Tanaji Ghorpade was impleaded as Defendant No. 3. Eknath Ghorpade was impleaded as Defendant No.7. Said Eknath died during the pendency of the Suit and hence Defendant Nos. 7-1 to 7-3 who are Respondent Nos. 3(a) to 3(c) in this Second Appeal were brought on record as heirs of the Defendant No. 7 Eknath. They filed purshis Exh. 28 and supported the original Plaintiffs.

3. By Judgment and Order dated 6/9/199