Krishna 10 July 2018

Mesne profits,

Dear Sir / Madam, Further to my above requests, kindly advice, In Civil Partition Suit between Two Brothers, Preliminary Decree - 2014 Final Decree - 2016 (50/50 Partition) Opposite Party High Court Appeal - 2016 Case Numbered - 2017 Now no proceedings and No Stay Granted. In Preliminary Decree for Mesne Profits, the same was declined and the judge orally said that it is not required between brothers. We thought that by Final Decree the case will get over and waited. Now with Appeal at High Court, we do not know when the Case will get completed. Since Opposite party is enjoying the returns they just want to prolong the case as much as possible and also informing others that whatever happens at high court they will also appeal at Supreme Court if they lose here. It seems that their only motive is to prolong the case as much as possible and enjoy. Kindly advice what can be done at this juncture. Can Mesne Profits be Claimed and what is the procedure. What other steps can we take in order to pressurize the other party. Please advice.

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 11 July 2018

You need to file separate application for mesne profit, time period for filling such application is 3 years, means you can claim only for last 3 years. But powers of Highcourt are vast and discretion you received mesne profit from beginning.

Krishna 11 July 2018

Dear Sir, Thank you for your kind reply. The application for Mense Profit is to be made in the Lower court of the High Court as the case is at high court appeal stage.