NEETY GUPTA Vs. USHA GUPTA

JUDGEMENT

(1.) Ia No.12270/2019 (of the plaintiff u/S 152 r/w S/151 CPC)

(2.) The applicant/plaintiff instituted this suit for partition of two immovable properties, one at Safdarjung Enclave, New Delhi and the other at Pitampura, New Delhi. On 27th September, 2011, a preliminary decree for partition was passed, declaring the applicant/plaintiff and the four defendants to be having 1/5th undivided share in each of the properties and a Commission issued to explore the possibility of division of the property by metes and bounds.

(3.) The applicant/plaintiff thereafter filed IA No.22524/2014 under Order XX Rule 12 of the Code of Civil Procedure, 1908 (CPC) seeking mesne profits. Reasoning that no evidence having been led before passing of the preliminary decree for partition and the applicant/plaintiff having not pressed the relief of mesne profits in the suit, no damages/mesne profits could be ordered at that stage, the said application was dismissed vide order dated 28th January, 2016.