( 1 ) THE revision petitioner aggrieved by the order made by the learned Senior Civil Judge, Vizianagaram dated 18-7-2003 in F. D. I. A. No. 572 of 2002 in O. S. No. 17 of 1997, had preferred the present civil revision petition under article 227 of the Constitution of India.

( 2 ) THE facts in brief are as hereunder:the revision petitioner as plaintiff filed a suit in O. S. No. 17 of 1997 on the file of the Senior Civil Judge, Vizianagaram for the relief of partition and separate possession of his 1/3rd share praying for the division of properties into three equal shares by metes and bounds. The learned Senior Civil judge, Vizianagaram had decreed the suit on 26. 4. 2002. The revision petitioner, as plaintiff aggrieved by the fact that the relief of mesne profits had not been granted, preferred A. S. No. 1991 of 2002 on the file of this Court and the same is pending disposal. In the said appeal, in C. M. P. No. 20657 of 2002, initially interim stay of passing of final decree was granted and subsequent thereto the same was vacated, the respondents herein-defendants moved an application in F. D. I. A. No. 572 of 2002 in o. S. No. 17 of 1997 under Order 20 Rule 18 of the Civil Procedu

Click Here to Read the rest of this document