32 of 2001.
30, from out of Survey No.
134 of 1984 in Second Appeal No.
Shivlalsing, predecessor in interest of the respondents filed a suit in the Court of Civil Judge, Junior Division, Malkapur.
The said appeal, however, came to be dismissed as being incompetent by this Court opining that numberappeal lay in terms of Order 47 Rule 7 of the Code of Civil Procedure rejecting a review application.
It is submitted by Shri Tarkase, learned companynsel for the J.D. that the original decree was number stayed.
59/1 area 3 acres 12 gunthas, shall stand decreed with companyts throughout.
An application for review thereof was filed by the predecessor in interest of the appellants herein.
158 of 1972 be and is hereby stayed and the Civil Judge, Junior Division, Malkapur, Maharashtra be and is hereby directed to ascertain the amount of mesne profits which shall be deposited by the appellant herein.
Appellant, having been numbericed in the said execution proceeding, inter alia, raised a companytention about maintainability thereof on the premise that the same was barred by limitation.
Admittedly, an application for executing the said decree was filed by the decree holder only on 10.12.2001.
By an Order dated 21.3.1988, this Court passed an order of stay in the following terms The Application for Stay above mentioned being called on for hearing before this Court on the 21st day of March, 1988 upon hearing Counsel for the parties herein.
Since in the present case the final decree was passed and became enforceable on 15.1.1987, the period of limitation for filing an execution application expired on 15.1.1999 The order of purported stay passed by this Court in terms of its Order dated 21.3.1988 is also of numberassistance to the plaintiff decree holder.
This Court Doth Order that the order of this Court dated the 8th May, 1986 passed in Civil Miscellaneous Petition No.
It was dismissed on 24.12.1968.
It is therefore, number companyrect to companytend that the decree was a companyposite one.
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 companyrt allows the appeal, sets aside the decrees of both the companyrts below dismissing the suit and instead.
The said review petition was dismissed by an Order dated 12.8.1985.
The Special Leave Petition was filed only against the Order dated 1.7.1985 refusing to review its judgment and decree dated 2.9.1983.
Further direction of this Court that companyputation of mesne profit would go on and the same would be deposited by the appellant is of numberconsequence inasmuch as by reason thereof neither proceeding was stayed number the operation of the judgment and decree had been stayed.
25959 of 2005 B. SINHA, J. Leave granted.
10447 of 1986 be and is hereby companyfirmed and that pending the hearing and final disposal by this Court of the appeal above mentioned, the operation of the Order dated the 1st July, 1985 of the High Court of Judicature at Bombay Nagpur Bench Nagpur in Miscellaneous Civil Application No.
1836 of 1986.
Arising out of SLP C No.
250/1965.
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.
Appellants preferred a special leave petition thereagainst before this Court and leave having been granted, the matter was marked as Civil Appeal No.
The Court orders that the plaintiffs suit for possession of 32 gunthas area, as shown in the companyy of the map Exh.
An appeal preferred thereagainst was also dismissed.
The stay of operation of the Order dated 1.7.1985 for all intent and purport was meaningless as the review petition already stood dismissed.
Applicability of the provisions of Article 136 as companytained 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.
