JUDGMENT

Sandeep K Shinde, J. - Admit. Counsel for the respondent waives notice. With consent of the Counsel, appeal is heard finally at the admission stage.

FACTS OF THE CASE :

2. Respondent no.1-plaintiff, instituted Regular Civil Suit No.23/1999 for partition and separate possession of the suit property against brothers and sisters. The Suit was decreed by the Civil Judge, Dadra and Nagar Haveli, Silvassa on 30th August, 2006. This decree, was assailed in Regular Civil Appeal No. 4/2006 before the District Judge, Dadra & Nagar Haveli at Silvassa. Pending Appeal, one of the appellants, Savitaben Vithalbhai Chauhan, (original defendant no.3) died on 20th February, 2011. May be for reasons, not known, legal representatives of Savitaben Vithalbhai Chauhan were not brought on record. Neither this fact was not brought to the notice of the learned District Judge. Appeal was heard and partly allowed by judgment and order dated 20th March, 2012. Feeling aggrieved, defendants no.1, 2 and 4 have preferred this Second Appeal.

3. Mr. Inamdar, learned Counsel for the appellants, submits that, considering the nature of the controversy wherein the suit was for partition, the death of one of the ap