S. DINAKAR RAO Vs. U.M. RAMESH RAO

JUDGEMENT

(1.) Challenging order dtd. 9/7/2018 passed by learned II Additional Senior Civil Judge and JMFC., Chikkamagaluru on I.A.No.9 in O.S.No.55/2018 (Annexure-G) in so far as it relates to the rejection of prayer of plaintiff/petitioner to frame an issue regarding mesne profits, present writ petition is filed.

(2.) Sri Anandarama K., learned Counsel for petitioner submitted that petitioner was plaintiff in O.S.No.55/2016 filed for partition and separate possession, etc. In the said suit, after defendant filed written statement, trial Court had framed issues as per Annexure-C. Since certain necessary issues were omitted from framing, petitioner filed I.A.9 under Order XIV Rules 1 and 5 read with Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to 'CPC' for short). On consideration, though trial Court allowed application and framed issues at Sl.Nos.4 to 9, specific issue sought to be framed regarding mesne profits was rejected. Aggrieved by rejection to frame issue regarding mesne profits, present writ petition is filed.

(3.) It was submitted that refusal to frame issue was only on ground that mesne profits would be decided at stage of final decree proceedings. It is submitted that though consideration of petitioners claim for mesne profits and enquiry thereon could be deferred, framing of issue about mesne profits could not be, as same would amount to abandonment of such claim. Therefore, trial Court was not justified in rejecting application in so far as mesne profits. Therefore, seeks indulgence.