Manjunath vs Dr. Mrs. Rama

K.N. Keshavanarayana, J.—This revision petition is directed against the order dated 26.11.2012 passed by the II Additional Civil Judge and JMFC, Belgaum, in Misc. Application No. 8/2012. In the suit filed by the respondent against the petitioner herein in O.S. No. 638/2003 for the relief of possession and mesne profits, the trial court granted the relief of possession and directed an enquiry into mesne profits in terms of Order XX Rule 12 of CPC in a separate proceeding. Pursuant to such direction, the respondent filed application under Order XX Rule 12 of CPC before the court below which came to be registered as Misc. Appln. No. 8/2012. Upon service of notice of the said proceedings, the petitioner appeared before the Court and raised objection regarding maintainability of the petition, inter alia contending that the application is not maintainable since final decree proceeding ought to have been initiated. The court below after hearing both sides by the order under revision held that the application is maintainable. Against the said order, the petitioner has presented this petition.

I have heard the learned counsel for the petitioner and the respondent/party-in-person.

As noticed supra, the trial court while granting the decree in the original suit, directed an enquiry into future mesne profits upto the date of delivery of possession in terms of Order XX Rule 12 of CPC. Order XX Rule 12 of CPC provides that where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree for the possession of the property and also for the mesne profits or direct an inquiry as to such mesne profits. The court is also empowered to direct an inquiry as to rent or mesne profits from the date of institution of the suit until the delivery of possession to the decree holder. Sub rule (2) of Rule 12 of Order XX CPC states that where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry. Reading of sub-rule (2) of Rule 12 of Order XX CPC makes it clear that an enquiry has to be held as to the mesne profits and result of such enquiry will have to be transformed into a final decree. It is well settled law that a decree is the formal expression of the judgment. Having regard to the direction issued by the trial court and also the provisions of Order XX Rule 12 CPC, in my opinion, the court below is justified in holding that the application for an enquiry into the mesne profits is maintainable and the result of such enquiry held on the said application will have to be drawn as a final decree in terms of sub-rule (2). In this view of the matter, I find no merit in this petition. Accordingly, the petition is rejected.