- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by the learned Single Judge of the Bombay High Court allowing the second appeal filed by the respondent under Section 100 of the Code of Civil Procedure, 1908 (in short 'CPC').
(3.) Factual background in a nutshell is as follows: The respondent-plaintiff filed a Special civil suit bearing No.2 of 1986 in the Court of Civil Judge, Sr. Division, Buldana against the appellants-defendants. The Trial Court by the judgment and order dated 19.9.1987 partially decreed the suit. Aggrieved by the judgment and decree of the Trial court, the appellants-defendants preferred an appeal in the Court of Additional District Judge, Buldana. By judgment and order dated 28.9.1990 the first appellate court allowed the appeal and set aside the decree passed by the Trial Court. The respondent-plaintiff preferred a second appeal before the High Court of Bombay, Nagpur Bench. By the impugned judgment the learned Single Judge allowed the second appeal.;