G KASTURI Vs. P ARUMUGAM

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 16.02.2008 passed by the learned District Munsif cum Judicial Magistrate Court 1, Wallajah, in I.A.No,3 of 2008 in O.S.No,669 of 1995, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) I could see considerable force in the submission made by the learned counsel for the petitioners. I am of the considered opinion that even at the final decree stage, the plaintiffs are at liberty to pray for assessment of mesne profits, by filing necessary application and the same has to be considered on merits by the Court concerned. Praying for mesne profits is different from adjudicating as to the right of the petitioners/plaintiffs to get such relief. As such I am of the considered opinion that mere delay in filing the application was not fatal in the facts and circumstances of the case. Accordingly, the order of the lower Court is set aside and the I.A.No,3 of 2008 is allowed. Consequently, this civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.