MANJUNATH Vs. DR. MRS. RAMA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 26.11.2012 passed by the II Additional Civil Judge and JMFC, Belgaum, in Misc. Application No. 8/2012. In the suit filed by the respondent against the petitioner herein in O.S. No. 638/2003 for the relief of possession and mesne profits, the trial court granted the relief of possession and directed an enquiry into mesne profits in terms of Order XX Rule 12 of CPC in a separate proceeding. Pursuant to such direction, the respondent filed application under Order XX Rule 12 of CPC before the court below which came to be registered as Misc. Appln. No. 8/2012. Upon service of notice of the said proceedings, the petitioner appeared before the Court and raised objection regarding maintainability of the petition, inter alia contending that the application is not maintainable since final decree proceeding ought to have been initiated. The court below after hearing both sides by the order under revision held that the application is maintainable. Against the said order, the petitioner has presented this petition.

(2.) I have heard the learned counsel for the petitioner and the respondent/party -in -person.