(1.) Heard Sri Abhinandan Hiremath, learned counsel for the appellants and Sri R.K.Kulkarni, learned counsel for respondent. Perused the records on admission.
(2.) The appeal came to be admitted by this Court on 18/9/2008 on the following substantial questions of law :-
(3.) At the time of hearing, Sri R.K.Kulkarni submits that when the first appellate Court passed the judgment on 8/10/2007, admittedly Maheshgouda who was the appellant before the first appellate Court was no more and nobody intimated the same to the first appellate Court and legal representatives of said Maheshgouda was not brought on record and it is only after the present appeal is filed and grounds of the appeal has been looked into that the parties came to know that Maheshgouda was no more when the first appellate Court passed the impugned judgment on 8/10/2007.