DINESHBHAI JIVANBHAI SANSPARA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard, Mr. P.J. Thorat, learned Counsel for the petitioners and Mr. K.K. Jadhav, learned Counsel for the respondents, at length.

(2.) By this Petition under Article 227 of the Constitution of India, Petitioners, hereinafter referred to as 'plaintiffs' have challenged the Judgment and Order dated 01.03.2005 passed by the Appellate Bench of the Court of Small Causes at Mumbai in Appeal No. 158 of 2004. By that Order, the Appellate Court confirmed the Trial Court's Order regarding possession. The order passed by the Trial Court awarding mense profit @ Rs. 2,13,690/- was set aside. The Appellate Court ordered separate enquiry for mesne profits from 01.11.2000 till the date of delivery of possession i.e. 27.10.2004 to be conducted under Order XX, Rule 12 (1) (c) of the Code of Civil Procedure, 1908 (for short "CPC"). The facts and circumstances, giving rise to filing of the present Petition, briefly stated, are as under:

(3.) It is common ground between the parties that on 27.10.2004, defendants handed over the possession of the suit premises to the plaintiffs. Thus, the controversy in the Appeal was only in respect of the mesne profits.