G SHASHIKALA HYDERABAD Vs. G KALAWATHI BAI

JUDGEMENT

(1.) The petitioner challenges the order dated 30-04-2007 passed by the Court of Additional Judge, City Small Causes Court, Hyderabad, on a memo filed by the respondents herein, in the course inquiry into the mesne profits, in O.S.No.1402 of 1992.

(2.) The 1st respondent filed the suit against the petitioner and the 2nd respondent for the relief of possession of the suit schedule property and recovery of mesne profits, for the use and occupation thereof, as well as future damages. The trial Court decreed the suit. Aggrieved thereby, the petitioner filed C.C.C.A.No.40 of 2002. Interim stay of the decree of the trial Court was passed, but permission was accorded for determination of mesne profits. Therefore, the 1st respondent filed I.A.No.129 of 2002 for ascertainment of mesne profits.

(3.) The trial Court appointed a Commissioner for ascertainment of mesne profits. The Commissioner, in turn, filed a report, together with the evidence recorded by him. The report was objected to, by both the parties to the I.A. Therefore, the trial Court passed an order dated 31-08-2006. It was directed that the report submitted by the Commissioner be not taken into consideration, and posted the matter for further steps, on a subsequent date. An observation was made to the effect that the views expressed by the Commissioner shall not be taken into account.