B.K.SOMASEKHARA
Kushal Rao – Appellant
Versus
Shyam Rao – Respondent
( 1 ) HEARD on merits. Formally admitting the revision petition.
( 2 ) THE order of the learned Subordinate Judge, Bodhan, in I. A. No. 62/1994 in O. S. No. 6/1986 dated 13-8-1996 is questioned by the 1st defendant in the suit. The matter arose with this fact matrix: a preliminary decree was passed in O. S. No. 6/1986 between the parties. Sri K. Dattatreya Rao, Advocate, was appointed as Commissioner by the Court to assess the mesne profits in regard to the suit lands from the year 1984. The commissioner warrant was entrusted to him in February, 1995. The report was submitted by the Commissioner in February, 1996 reporting that he could not assess the mesne profits from the year 1984 to 1993 as he could not get proper information. However, he was able to assess the mesne profits for the years 1993-94 and 1994-95 only regarding Khariff season. The Commissioner also made certain observations in the report in regard to the existence or otherwise of certain crops like Mango crops in the season. The learned subordinate Judge pointed out that in spite of the matter being quite old and the Commissioner was entrusted with the work one year back, he did not submit the r
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