JUDGMENT

N.V. RAMANA, J.

Leave granted.

2. The appellant is before us aggrieved by the Judgment and decree passed by the High Court of Bombay, Bench at Aurangabad, dated 5.10.2011 in Second Appeal No.213 of 2004 wherein and whereby the High Court has confirmed the judgment and decree of the Courts below.

3. This Court, while issuing notice on 27th April, 2012, has passed the following order:

“Delay condoned.

Issue notice returnable in ten weeks limited to the question as to whether the Suit filed in the year 1989 with regard to the sale deed dated January 20, 1982 was within limitation.

Dasti, in addition to the ordinary process.

In the meanwhile, the parties shall maintain status quo with regard to the property which is subject matter of the sale deed dated January 20, 1982.”

4. In the light of the order passed by this Court on 27.04.2012, we are confining ourselves only to the question as to whether the Suit filed in the year 1989 in respect of a sale deed dt. 20.01.1982 is well within limitation or barred by limitation.

5. The appellant before us is the 1st defendant in the