( 1 ) THIS Miscellaneous Second Appeal is filed against the order dated 31. 07. 2000 passed by the II Addl. District Judge, Tumkur, in r. A. No. 12/1997.

( 2 ) THE essential facts of the case leading up to this appeal with reference to rank of parties before the Trial Court are as follows: sri Kare Rangappa filed suit, O. S. No. 70/1959 on 24. 2. 1959 on the file of the District Judge, Bangalore, for partition and possession of his half share in the plaint Schedule 'a', 'b' and 'c' properties after division by metes and bounds and directing the second defendant to render accounts from January 1957 and future mesne profits from the date of suit till the date of delivery of possession and for cost. The said suit was decreed on 31. 03. 1964 by declaring that the plaintiff is entitled to 1/4th share in the schedule properties and be put in possession of the same after partition by metes and bounds and to get accounts regarding his share from the date of suit till the date of possession. That being aggrieved by the judgment and decree, plaintiff filed R. F. A. No. 132/ 1964 and defendants preferred R. F. A. No. 137/1964 before this court. During the pendency of those Appeals, parties entered into compromise and as per memo, this Court by order dated 10. 09. 1969, dismissed the appeals and the decree made by the district Judge was conferred subject to the modification as under: (A) Declaring that plaintiff (Appellant in RFA No. 132/1964) is entitled to one fourth share in the properties described in 'a' schedule annexed to the decree and that the lands therein namely, item Nos,1 to 8 and 15 to 24 in 'b' Schedule to the partitioned and separated by metes and bounds and plaintiff be put in possession of his separate share under Section 54 of the Code of Civil Procedure and in respect of items 9 to 14 in 'a' Schedule a Commissioner be appointed for the purpose of partition. The plaintiff is not entitled to any share in items of moveables mentioned in Schedule 'b' and 'c' of the decree. (B) The plaintiff-appellant do get his share of mesne profits from 'a' Schedule properties only from 29. 12. 1959 till he is put in possession. (c) The plaintiff-appellant may make an application in the Trial court for the ascertainment of mesne profits under order 20 Rule 12 of the Code of Civil Procedure

( 3 ) THE plaintiff Kare Rangappa died on 20. 1. 1971 leaving behind his daughter Laxmamma (Appellant herein) and Sannamma, they as the legal representatives of the plaintiff made an application to come on record and continue the proceedings and the Court by upholding their contention and will, held that they are entitled to 1/4th share in the schedule properties and also mesne profits by order dated 9. 4. 1975. Being aggrieved by the said order, defendants preferred R. F. A. No. 76/1975 on the file of this Court and this Court stayed further proceedings. However, stay order was modified on 1. 9. 1995 and permitted the legal representatives to continue the proceedings and permitted the Trial Court to determine the profits from 1959 payable towards 1/4 share of the plaintiff and accordingly, f. D. R No. 6/1978 was filed praying to determine the mesne profits to which petitioners are entitled to as per the decree along with interest on the said mesne profits at 18% per annum compounded yearly from the date of suit till the date of application, 2. 1. 1976.

( 4 ) THE first defendant filed objections on 29. 1. 1976 contending that proper Court fee had not been paid and hence, relief cannot be granted and further contended in his additional objection that application is misconceived. Application for mesne profits upto 8. 1. 1976 is not maintainable. Since decree in appeal is passed on 10. 09. 1969 and view of provision of Order 20 Rule 12 (ii) (c) CPC. , the petitioner is entitled to mesne profits for 3 years from the date of decree.

( 5 ) IT may be noted that during the pendency of the proceeding, petitioner No. 2. Sannamma compromised the cas