1] This Court by order dated 3 May 2005 had directed that the writ petition and the second appeal be clubbed and heard together. The reason for this was set out in the order dated 3 May 2005, which reads thus:-

1. This Petition was heard extensively for final decision and during the course of hearing it was pointed out that Civil Application No. 1289 of 1995 came to be decided by the learned III Additional District Judge at Satara on 31.1.2005. The Appeal was allowed by setting aside the judgment and decree passed by the Trial Court on 31.8.1994 in RCS No. 105 of 1972. The Appellate Court has declared that the Plaintiffs Sukhdeo Shivba More, his sister Parvatibai, brother Shidu and Arjuna has 1/8th share and Defendant No. 1 Mahadeo Shripati More represented by his legal representatives has ½ share in the property. This decree of the Lower Appellate Court has been challenged in Second Appeal under Stamp No. 8323 of 2005 filed on 30.5.2005 before this Court by the present Petitioners.

2. The dispute in the said proceedings as well as in the proceedings giving rise to the impugned order in this Petition are properties of Shankar and succeeded by his wife Anubai, who died on 21