CHOUDAPPA & ANR. versus CHOUDAPPA SINCE DECEASED BY LRS. & ORS.

CHOUDAPPA & ANR. versus CHOUDAPPA SINCE DECEASED BY LRS. & ORS.

An application for determination of mesne profits pursuant to a decree directing an inquiry under Order XX Rule 12 C.P.C. is part of the continuation of the original suit and the preparation of the final decree; where no specific limitation is prescribed the court must judge delay by the facts and circumstances, and therefore the Courts below were correct in holding the 2014 application not barred by limitation and dismissing the petitioners' challenge.

Parties
Petitioner: Choudappa & Anr.; Respondent: Choudappa since Deceased by Lrs. & Ors.
Jurisdiction
India
Judgment Date
03 September 2024
Procedural Posture
Special Leave Petition (civil) No. 3056 of 2023 / Judgment by Supreme Court (dismissal of Slp)
Outcome
Petition dismissed.
Legal Topics
Order XX Rule 12 C.p.c., Mesne Profits, Determination of Mesne Profits, Execution, Final Decree, Continuation of Suit, Order VII Rule 11(d) C.p.c.
Civil Procedure Limitation Order XX Rule 12 C.p.c. Mesne Profits Determination of Mesne Profits Execution Final Decree Continuation of Suit +1 more

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Parties

Choudappa & Anr.

Petitioner

Choudappa since Deceased by Lrs. & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) No. 3056 of 2023 / Judgment by Supreme Court (dismissal of Slp)

Legal Issues

  1. 1 Whether an application filed in 2014 purportedly under Section 141 C.P.C. or under Order XX Rule 12 C.P.C. for determination of mesne profits as directed by the decree dated 12.07.1973 is barred by limitation

Ratio Decidendi

An application for determination of mesne profits pursuant to a decree directing an inquiry under Order XX Rule 12 C.P.C. is part of the continuation of the original suit and the preparation of the final decree; where no specific limitation is prescribed the court must judge delay by the facts and circumstances, and therefore the Courts below were correct in holding the 2014 application not barred by limitation and dismissing the petitioners' challenge.

Court Disposition

Petition dismissed.

Orders

  • Petition dismissed.
  • The petitioners are set at liberty to participate in the inquiry before the Trial Court in so far as determination of mesne profits are concerned.