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1991 Supreme(MP) 410

K.DUBEY, R.C.LAHOTI
Babu Lal Janved – Appellant
Versus
Parwati Bhogiram – Respondent


ORDER

R.C. Lahoti, J.

1. The judgment-debtor/petitioners are aggrieved by the order of the executing Court directing recovery of mesne profits from them to the decree-holders/respondents Nos. 1 to 3, consistently with the decree passed by the original Court.

2. Learned counsel for decree-holder has made available, a copy of judgment in the original suit which shows that the plaintiffs/respondents had sued the petitioners for partition of a joint holding and also for recovery of mesne profits. By judgment and decree dated 7-8-1991, the trial Court directed the suit holding to be partitioned and an amount of Rs. 400/- to be paid by the defendant/judgment-debtor to the plaintiffs/decree-holders by way of past mesne profits with future mesne profits calculated @ Rs. 400/- per annum, from the date of the suit till partition of the holding.

3. Admittedly, the partition has not yet taken place. The decree-holders have taken out execution for recovery of the mesne profits as above.

4. The decree-holders' right to recover mesne profits was objected to before the executing Court which was overruled. The order of the executing Court has been upheld in revision.

5. Learned counsel for the petitioner

















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