JUDGMENT

V.V.KANKANWADI, J. - Present appeal has been filed by original defendant No.1 (now the sole appellant has expired and his legal representatives are brought on record) to challenge the concurrent Judgment and Decree. Present respondent Nos.1 and 2 (both expired during the pendency of the Second Appeal, through legal representatives) filed Regular Civil Suit No.423/1980 before Joint Civil Judge Junior Division, Nanded for declaration of title and recovery of possession of the suit property. The said suit was decreed on 29.03.1985. Both the original defendants then challenged the said Judgment and Decree by filing Regular Civil Appeal No.113/1985. The said appeal was partly allowed by 3rd Additional District Judge, Nanded on 14.01.1992. The Judgment and Decree passed by the Trial Court was partly set aside and modified. The suit was dismissed as against original defendant No.2. However, Judgment and Decree passed by the Trial Court in respect of the suit property to appellant No.1 i.e. original defendant No.1 was maintained. Hence, the original defendant No.1 has filed this Second Appeal.

2. Before proceeding further, the record reflects that by order dated 04.03.1992 the Seco