JUDGMENT :

M.S. JAWALKAR, J.

1. Heard.

2. Present appeal is filed being aggrieved by judgment and decree dated 10/04/2007 passed by Ad-hoc District Judge-1, in R.C.A. No. 500/2005, whereby, the judgment and decree dated 2/9/2005 passed by the 2nd Additional Judge, Small Causes Court and Joint Civil Judge (S.D.) Nagpur in Spl. C.S. No. 749/2002 is reversed and the suit of plaintiff/appellant is dismissed.

3. This Court vide order dated 27/02/2008 framed the following substantial question of law while admitting the appeal:

“Whether death of appellant/defendant No. 2 Suresh Govindrao Wanjari prior to filing of Regular Civil Appeal No. 500 of 2005 and not bringing his legal heirs on record in the said appeal has resulted into bringing into existence two inconsistent decrees?”

4. The appellant is original plaintiff and the respondents are original defendants.

5. The brief facts of the case can be summarized as under:

On 01/06/1999, Smt. Kantabai Pandurang Wanjari executed the registered ‘Will Deed’ bequeathing the house property mentioned therein, in favour of the plaintiff/appellant. Smt. Kantabai expired on 12/09/2001. It is contended by the plaintiff/appellant that when the plaintiff/appella