1. (Oral) - The present second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants-defendants against the judgment and decree dated 17.05.1994 passed by the learned Additional District Judge No.2, Chittorgarh in Civil Appeal No. 73/1993 "Pyarchand & Ors. v. Nanda & Anr." by which, he affirmed the judgment and decree dated 17.08.1985 passed by the learned Munsif & Judicial Magistrate, First Class, Begun in Civil Original Suit No. 9/1980 "Nanda & Anr. v. Nana & Anr." in a suit for permanent injunction which was decreed by the learned Trial Court in favour of the plaintiffs.

2. The legal representatives of the deceased defendant-Roda S/o Bhuwanaji Suthar, who was defendant No.2 in the suit filed by the plaintiffs-respondents, and who was the real brother of the defendant No.1-Nana, being sons of Bhuwanaji Suthar, have filed the present second appeal in this Court on 25.08.1994 in which, the following substantial question of law was framed by the co-ordinate Bench of this Court on 14.09.1994 which reads as under:-

"What is the effect of the Roda's-defendant death on 03.09.84 on the judgment and decree passed by the Courts below."

3. The su