- (1.) Leave granted.
(2.) Applicability of the provisions of Article 136 as contained in the Schedule appended to the Limitation Act, 1963 is in question in this appeal which arises out of a judgment and order dated 26.7.2005 passed by a learned Single Judge of the Bombay High Court, Nagpur Bench at Nagpur in Writ Petition No. 5927 of 2004 affirming an order dated 26.10.2004 passed by the Civil Judge, Junior Division in Regular Darkhast No. 32 of 2001.
(3.) Shivlalsing, predecessor-in-interest of the respondents filed a suit in the Court of Civil Judge, Junior Division, Malkapur. The said suit was marked as Regular Civil Suit No. 250/1965. It was dismissed on 24.12.1968. An appeal preferred thereagainst was also dismissed. However, a second appeal filed by the plaintiff-decree holder was allowed upon setting aside the judgment and decree of the Courts" below, the operative portion whereof reads as under : "For the reasons stated in the accompanying judgment, the court allows the appeal, sets aside the decrees of both the courts below dismissing the suit and instead. The Court orders that the plaintiffs suit for possession of 32 gunthas area, as shown in the copy of the map Exh. 30, from out of Survey No. 59/1 area 3 acres 12 gunthas, shall stand decreed with costs throughout. The appellant- plaintiff is also entitled to an enquiry under the provisions of the Order XX Rule 12(1) C.P.C. for mesne profit in respect of the suit land from the date of the suit till the actual delivery of possession.";