Case Note & Summary
The case involves two second appeals arising from a common judgment of the District Court, Dadra & Nagar Haveli at Silvasa, in Misc. Civil Appeal No.1 of 2001 and Misc. Civil Appeal No.2 of 2001. The original plaintiff, Dhansukhbhai Fakirbhai Patel, filed a suit (R.C.S. No.10 of 1984) against his father Fakirbhai Dayabhai Patel and brothers for partition and injunction regarding properties in Schedule A and B. The suit was decreed on 13.12.1988, declaring the plaintiff's 1/4th share in Schedule B properties and entitlement to separate possession. The decree was sent to the Mamlatdar for partition under Section 54 CPC. The trial court also appointed a court commissioner to inquire into mesne profits. In execution proceedings (Misc. Application No.4 of 1993), the trial court passed an order. The District Judge allowed the appeals, set aside the trial court's order, and remanded the matter for inquiry into mesne profits under Order 20 Rule 18 CPC, also setting aside the remand of the decree to the Mamlatdar. The appellant, Dhansukhbhai, challenged this remand order in the second appeals. The High Court, after hearing counsel, found no error in the District Judge's order and dismissed the appeals, confirming the remand for mesne profits inquiry.
Headnote
A) Civil Procedure - Partition Decree - Mesne Profits - Order 20 Rule 18, Section 54 Code of Civil Procedure, 1908 - The dispute arose from a partition suit where the trial court decreed 1/4th share to the plaintiff and sent the decree to the Mamlatdar for partition under Section 54 CPC. The trial court also appointed a commissioner to inquire into mesne profits. The District Judge in appeal set aside the trial court's order and remanded for inquiry under Order 20 Rule 18 CPC. The High Court held that the District Judge's order was proper and allowed the appeals, confirming the remand for mesne profits inquiry. (Paras 1-3)
Issue of Consideration
Whether the District Judge erred in setting aside the trial court's order in execution proceedings and remanding the matter for inquiry into mesne profits under Order 20 Rule 18 CPC.
Final Decision
Both second appeals are dismissed. The common judgment and order of the District Judge, Silvasa, is confirmed. No order as to costs.
Law Points
- Partition decree
- mesne profits
- Order 20 Rule 18 CPC
- Section 54 CPC
- remand
- execution proceedings
