Bombay High CourtCA/14523/2011disposed offdismissed for default

Kishanrao Limbaji Kadam Died Lrs Radhabai Kisanrao Kadam And ORS v. Gangubai Bhagwandas Pawatekar Died Lrs Ambabai @ Shubhangi S Pawtekar And ORS.

2015-07-033 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14523 OF 2011 IN CIVIL REVISION APPLICATION NO.420 OF 1998 WITH CIVIL REVISION APPLICATION NO.420 OF 1998 Kishanrao S/o Limbaji Kadam, Deceased through L.Rs. and others .. Applicants

Versus

Gangubai W/o Bhagwandas Pawatekar, Deceased Through L.Rs. and others .. Respondents ---- Mr.A.S. Shelke, Advocate for the applicants Mr.V.P.Raje, advocate h/f. Mr.C.R.Deshpande, advocate for respondent no.1A ---- CORAM : M.T. JOSHI, J.

DATE : 03/07/2015 ORAL ORDER :

Both sides submit that the contesting parties are before this Court as the inquiry into mesne profit was started on the application of Gangubai, whose legal representatives is respondent no.1-A who is represented by Mr.Deshpande, learned counsel. Hence, they submit that present application may be heard along with Civil Revision Application itself.

2] In the circumstances, for the reasons stated in the application, delay is condoned. The application is

allowed. For the same reasons, Civil Revision Application is restored to file.

3] Heard.

4] The submissions from both sides would show that deceased respondent no.1-A - Gangubai, as plaintiff, has claimed mesne profit at the rate of Rs.20,000/- per year for wrongful possession of original opponents in the said application, including present applicant - Kishanrao, for 7 Acres 16 Gunthas land i.e. suit property. Earlier, preliminary decree in the Special Civil Suit was passed for delivery of possession and thereafter, present inquiry was started.

5] Ultimately, the original opponents including present applicant conceded that the decree of mesne profit at the rate of Rs.2,000/- per year, may be granted. On the basis of the evidence, the respondents in the said inquiry was directed to pay Rs.40,000/- for wrongful possession of 4 years of the partly irrigated 8 Acres 26 Gunthas of lands with 48 mango trees and even four installments were also granted.

6] Upon hearing both sides, in my view, no material irregularity is committed by learned Civil Judge Senior Division.

7] In the result, Civil Revision Application is dismissed in with no order as to costs.

[M.T. JOSHI] JUDGE kbp