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Head Note

The Code of Civil Procedure, 1908  - Order XX Rule (12)

Supreme Court Rules, 1966 - Order XVIII Rule 5 - Execution - Mesne Profits - Clarification of Order - Application for - Non-registration of - Held that only those issues could be given up by the party which are the subject matter of the lis before the Court - Since in the petition before this Court, the issue with regard to award of mesne profits at the rate of 30/- p.m. was not the subject matter at the instance of any party to the lis, the question of its giving up at the instance of the applicant did not arise - Clarified that the applicant's right to claim mesne profits Rs.30/- p.m. with 10% increase every three years from the date of filing of suit till 21.08.2023 together with interest @ 12% at the amount accruing due month after month from the respondents, which has already been determined and awarded to the applicant and which was not the subject matter of the petition in this Court would remain intact for recovery from the respondents and is not affected in any manner by order dated 21.04.2024 - In other words, it was not given up - Executing Court is, directed to take up the applicant's execution application and decide the same in accordance with law in the light of clarification made hereinabove of the order dated 21.04.2009.

Topic(s)-Execution - Mesne Profits - Clarification of Order