( 1 ) RULE. Rule made returnable in both the appeals by consent.

( 2 ) BOTH these appeals arise out of common Judgment passed by the District court, Dadra and Nagar Haveli at Silvasa and therefore, both the appeals are taken up for hearing and are being heard and disposed of by this common Judgment. The District Judge, Silvasa by his common order passed in Misc. Civil Appeal no. 1 of 2001 and Misc. Civil Appeal No. 2 of 2001 allowed the appeals and set aside the judgment and order passed by the Civil Court in Execution Proceeding (Misc. Application n. o. 4 of 1993) and remanded the matter to the trial Court for making necessary enquiry under order 20, Rule 18 of the Civil Procedure Code, as regards the quantum of mesne profits. The impugned Order regarding remand of the decree to the Mamlatdar was set aside.

( 3 ) THE facts involved in the dispute, in nut shell, are thus - the original Defendant no. 1 Fakirbhai has three sons, namely, plaintiff Dhansukhbhai, defendant no. 2 Ashokbhai and defendant no. 3 nileshbhai. The eldest son-plaintiff dhansukhbhai filed Suit being R. C. S. No. 10 of 1984 in respect of properties shown at schedule "a" and Schedule "b". He claimed injunc