ABHAY MANOHAR SAPRE,J. - (1.) Leave granted.
(2.) This appeal is filed by the defendant against the final judgment and order dated 11/12.10.2012 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Second Appeal No.304/1997 whereby the Single Judge of the High Court allowed the appeal filed by the respondent herein and reversed the judgment/decree dated 26.08.1996 passed by the 3rd Additional District Judge, Nagpur in Regular Civil Appeal No.152/1989 which arose out of judgment/decree dated 31.01.1989 passed by 3rd Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No.1210/1985, which had dismissed the respondent's civil suit.
(3.) In order to appreciate the short controversy involved in the appeal, few relevant facts need mention hereinbelow.;