Search Results for "enquiry into mesne profits"

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Search Results for "enquiry into mesne profits"

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High Court

Bombay High Court Upholds Conditional Stay of Eviction Decree in RAE Suit — Appellate Court's Discretion to Impose Conditions for Stay Upheld Under Article 227. The court held that conditions requiring deposit of entire decretal amount and mesne profits were reasonable and not onerous, and no interference was warranted.

30 Dec 2025

The petitioners, Katty Minoo Dastur and another, filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 10th...

High Court

High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

10 Dec 2025

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

High Court

Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

17 Oct 2025

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

High Court

Bombay High Court Dismisses Cross Revision Applications by Tenant and Landlord in Mesne Profits Dispute. Court Upholds Small Causes Court's Fixation of Mesne Profits and 9% Interest Rate Under Section 34 CPC.

10 Sep 2024

The judgment involves cross civil revision applications filed by the tenant, Bharat Petroleum Corporation Limited (BPCL), and the landlord, M/s. Forbe...

High Court

HPCL’s Eviction and Mesne Profit Dispute Upheld by High Court . Lease Expiry and Valid Termination Confirmed; Civil Revision Applications Dismissed, Mesne Profits Set at Rs. 93,227 Per Month

2 Jul 2024

These Civil Revision Applications are filed by Hindustan Petroleum Corporation Limited (HPCL), challenging the eviction order and mesne profit determi...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute — Petitioner Seeks to Add Claim for Possession and Mesne Profits After Discovery of Fraudulent Transfer During Pendency of Suit. Amendment Allowed Under Order VI Rule 17 CPC to Avoid Multiplicity of Proceedings and Bring Subsequent Events on Record.

3 Jun 2019

The petitioner, Avinash Karnik, filed a suit in the City Civil Court at Bombay seeking declaration and injunction in respect of a flat (suit flat) ori...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Adverse Possession. The court held that the plaintiff had perfected title by adverse possession and that the award of mesne profits under Order 20 Rule 12 CPC was proper.

29 Jan 2014

The case involves a second appeal filed by Smt Shantabai against the judgment of the Additional District Judge, Wardha, which dismissed her appeal and...

High Court

Bombay High Court Allows Second Appeal in Mesne Profits Case — Trial Court's Direction for Enquiry Without Pleadings Set Aside. Direction for mesne profits enquiry under Order XX Rule 12 CPC without any pleadings or prayers in the suit is unsustainable.

8 Dec 2011

The case involves a second appeal before the Bombay High Court, Aurangabad Bench, arising from a trial court judgment that included a direction for an...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Leave and License Dispute — Licensee Bank Held Not Entitled to Protection Under Maharashtra Rent Control Act After License Expiry.

8 Apr 2011

The applicants (original plaintiffs) were owners of a building at Turner Road, Bandra, Mumbai. They executed a leave and license agreement with the re...

High Court

Bombay High Court Allows Second Appeal in Mesne Profits Case — Directs Trial Court to Frame Issue and Conduct Inquiry Under Order 20 Rule 12 CPC. Preliminary decree and inquiry for mesne profits from date of suit till delivery of possession must be ordered when plaintiff proves entitlement.

29 Jun 2006

The appellant, Francisco Jesus Hilario D' Cruz, filed Special Civil Suit No. 248/97/II in the trial court against Lilia Pereira e Coutinho and Fernand...

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