judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court Aurangabad Bench, dismissing the appeal filed by the appellant under Section 100 of the Code of Civil Procedure, 1908 (in short the CPC). The appellants, heirs of the original Defendant Nos. 1 to 3 questioned correctness of the decree and judgment passed by learned Additional District Judge, Osamabad in Regular Civil Appeal No. 89 of 1999 confirming the decree in Regular Civil Suit No. 62 of 1981 passed by the Civil Judge, Jr. Division, Kallam. The High Court dismissed the Second Appeal holding that there was no question of law involved and therefore, the Second appeal was without merit.

3.Learned counsel for the appellant submitted that while issuing notice in the Second appeal, the High Court categorically observed as follows:

“The next ground argued by the learned counsel for the appellant is that the plaintiff did not pray for an inquiry with the mesne profit to be held under Order XX Rule 12 in the plaint and in the absence of specific prayer for an inquiry into the mesne profits the same should not have been granted by the courts b