1. The petitioners are respondents 10, 12 and 13 in I.A.No.546 of 1998 in O.S.No.630 of 1975 on the file of the Subordinate Judge, Tiruchirappalli. It is a suit for partition.

2. Preliminary decree was passed on 7.2.1978 and final decree was passed on 13.1.992 in I.A.No.202 of 1978. The third defendant preferred an Appeal before this Court in A.S.No.128 of 1993 which suffered dismissal. Accordingly, the properties were allotted to the plaintiffs 2 and 3, and 4th defendant. The plaintiffs 2 and 3 and 4th defendant, thereafter, filed an application in I.A.No.546 of 1998 praying the Court to pass an order for mesne profits by way of accounting payable by the defendants/respondents on the basis of the report filed by the then Advocate Commissioner or to appoint a fresh Commissioner to determine the mesne profits or amount payable by way of accounting by the respondents to the petitioners.

3. In the affidavit, it is stated that previously, Thiru. K.S .Narayanan was appointed as Advocate Commissioner to determine the mesne profits. As per the estimate of the petitioners, the defendants are liable to pay Rs.25 lakhs from 1975 till today as mesne profits. The Court has not passed