JUDGMENT

S.B. Sinha, J.-Leave granted.

2. This appeal is directed against a judgment and order dated 9th November, 2001 passed by a learned Single Judge of the Bombay High Court in Civil Revision Application No. 310 of 1998 whereby and whereunder he allowed the revision application filed by the respondent herein questioning an order dated 17th October, 1990 passed by the Joint Civil Judge, S.D. Kolhapur in final decree proceeding registered as Application No. 21 of 1975 rejecting an application purported to be under Order XXXIV, Rule 8 of the Code of Civil Procedure ( C.P.C. for short) for preparation of final decree in Special Civil Suit No. 78 of 1969 wherein preliminary decree was drawn on 18th January, 1972 on the ground that the same was barred by limitation.

Facts :

3. The property in suit is a building bearing City Survey No. 281 situated at Ward B, in the town of Kolhapur. Admittedly, Pandit Govind Shinde Naik, the owner of the property, mortgaged the same with Achaldas Oswal (Original Defendant No. 1 - since deceased) for a period of five years. The mortgage was an usufructuary one. As the dues in relation to the suit property was not repaid by Pandit G.S. Naik to Kolhapur Ba