B VENKATA LAKSHMAMMA Vs. N JANAKAMMA

JUDGEMENT

(1.) RESPONDENT No.1 filed O.S.No.41 of 1981 in the Court of the Senior Civil Judge, Atmakur against the petitioner and respondent Nos.2 to 6 for the relief of partition and separate possession of the suit schedule property. The trial Court dismissed the suit on 05.03.1984. RESPONDENT No.1 filed A.S.No.2072 of 1986 before this Court. Through judgment, dated 12.11.2001, this Court allowed the appeal and passed a preliminary decree directing that respondent No.1 is entitled to half share in the suit schedule property. After the preliminary decree became final, respondent No.1 filed an application before the trial Court with a prayer to pass final decree.

(2.) WHEN the enquiry into the final decree was in progress, respondent No.1 filed I.A.No.141 of 2004 for mesne profits. The petitioner filed a counter opposing the application. The trial Court passed a final decree and it is stated that the same was executed through process of the Court. By that time, I.A.No.141 of 2004 was pending. It was taken up for hearing thereafter. The petitioner raised an objection as to the competence of the trial Court to consider the application for mesne profits, on two grounds. The first was that neither the preliminary decree nor the final decree provided for grant of mesne profits. The second was that once the final decree was passed, it is not competent for a Court to determine or award mesne profits. Through its order, dated 21.10.2009, the trial Court allowed the I.A. Hence, this revision.

(3.) THE only question that arises for consideration in this revision is as to whether the application filed by respondent No.1 for mesne profits was maintainable?