PANKAJ MITHAL, R. MAHADEVAN
Choudappa – Appellant
Versus
Choudappa Since Deceased by LRs. – Respondent
ORDER :
1. Heard learned senior counsel for the parties.
2. The challenge in the present special leave petition is to the revisional order dated 22nd July, 2022 passed by the High Court dismissing the revision of the petitioners arising from the rejection of their application alleged to have been filed under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’).
3. A suit for recovery of possession and for correction of mutation entries was filed by the respondents in the year, 1963 and it was decreed on 12.07.1973. The said judgment, order and decree specifically directs for holding an inquiry regarding mesne profits from the date of the suit i.e., 24.09.1963 in accordance with Order XX Rule 12, C.P.C. The aforesaid judgment, order and decree of the Court of first instance attained finality with the dismissal of the appeal filed by the petitioners in the year, 1980.
4. The respondents applied for the execution so as to obtain possession of the suit land sometime in the year, 1993 and after going through the entire exercise of execution, issuance of warrant for possession, the respondents were put into possession of the suit land property in the year, 2005.
5. I
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