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1964 Supreme(Kar) 6

T.K.TUKOL
A. MANJUNDAPPA – Appellant
Versus
SONNAPPA – Respondent


( 1 ) THIS Civil Revision Petition, raises an interesting question under Order XX, Rule 18 (1) of the code of Civil Procedure under the following circumstances :--The petitioner instituted O. S. 133/49-50 against the respondents for partition and possession of his share of the joint family property. A preliminary decree came to be passed in his favour on 22nd January 1951. It reads as follows :--

"it is ordered and decreed that the plaintiff is entitled to 1/4th share in the suit schedule properties and is directed to take possession of his share of the properties from the defendants. The defendants are directed to pay past the mesne profits of 3 candies of ragi and 15 kologas of avare or their value of Rs. 120/- with costs and mesne profits from the date of suit till the date of delivery of possession will be ascertained in an application under Order XX rule 12 C. P. C. A preliminary decree with three months' time is drawn up. It is further ordered and decreed that the defendants do pay to the plaintiffs the sum of Rs. 25-1-10 being the amount of costs incurred in this suit as by memorandum annexed, with interest thereon at six percent per annum from this day upto the date of real










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