BABU LAL JANVED Vs. PARWATI BHOGIRAM

JUDGEMENT

(1.) THE judgment-debtor/petitioners are aggrieved by the order of the executing Court directing recovery of mesne profits from them to the decree-holders/respondents Nos. 1 to 3, consistently with the decree passed by the original Court.

(2.) LEARNED counsel for decree-holder has made available, a copy of judgment in the original suit which shows that the plaintiffs/respondents had sued the petitioners for partition of a joint holding and also for recovery of mesne profits. By judgment and decree dated 7-8-1991, the trial Court directed the suit holding to be partitioned and an amount of Rs. 400/- to be paid by the defendant/judgment-debtor to the plaintiffs/decree-holders by way of past mesne profits with future mesne profits calculated @ Rs. 400/- per annum, from the date of the suit till partition of the holding.

(3.) ADMITTEDLY, the partition has not yet taken place. The decree-holders have taken out execution for recovery of the mesne profits as above.