GAJANFAR RAFIK AHMED MIRAJKAR Vs. JAKIYABEGUM SIDDIABDUR

JUDGEMENT

(1.) The Applicant (Gajanfar Rafik Ahmed Mirajkar) is the Plaintiff in Special Civil Suit No.3/1983 decided on 23.08.2006.

(2.) He filed an application being Miscellaneous Application No.63/2009 invoking the Order XX Rule 12 of the Code of Civil Procedure, 1908 seeking an inquiry for determination of mesne profit. He relies upon the Decree passed in the suit and sets out that the property is valuable and has tremendous market potential. He, therefore, prays by this application that the Commissioner be appointed to take accounts of income received by the original Defendant Nos.1 to 4 from Supari, Banana and Coconut trees standing on the land admeasuring 35 Gunthas of Survey No.67, Hissa No.1, City Survey No.1693. He also prays that while deciding the quantum of mesne profit, all earnings from the sale of coconut, banana etc. be taken into account. This application has been filed on 03.08.2009 in the Court of Civil Judge Senior Division, Alibag at Alibag.

(3.) Equally, what has been filed by the present Applicant is execution proceedings being Special Darkhast No.48/2009 seeking execution and enforcement of the Decree passed in Special Civil Suit No.3/1983.