Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

Order Date: 29 August 2026

Case Overview

  • Petitioners: Bank of Baroda (original defendant)
  • Respondents: M/s. Natwarlal H. Mistry and Brothers; M/s. Vanmalidas H. Mistry and Brothers
  • Writ Petition Nos.: 10888 of 2013 (against Natwarlal H. Mistry) and 10818 of 2013 (against Vanmalidas H. Mistry) with interim applications 4226 and 4227 of 2026 respectively
  • The petitions challenge orders dated 17 April 2009, 25 July 2013 and 3 September 2013 issued in Appeal No. 715 of 2008
  • Order of 17 April 2009 (interim) was not annexed but was reported as already complied with
  • Order of 25 July 2013 rejected the petitioner’s request for a direction that it would not be liable for mesne profits; the Small Causes Court held the plaintiff entitled to mesne profits from the suit filing date, pending a separate inquiry (no operative reference)
  • Order of 3 September 2013 dismissed the appeal against the eviction decree
  • Petitioner's counsel argued that the trial court had not issued an operative direction for an inquiry under Order XX Rule 12 of the CPC and that the petitioner had offered to surrender possession from 30 September 2011, seeking exemption from mesne‑profits liability from 1 October 2011
  • The courts found the petitioner’s claim of possession surrender unsubstantiated and rejected the argument
  • Paragraph 16 of the trial court judgment directed an inquiry under Order XX Rule 12 CPC; paragraph 21 of the appellate judgment observed this specific direction
  • The appellate court affirmed that the trial court’s direction for a separate mesne‑profits inquiry was valid and not prejudicial to the petitioner
  • The judge exercised no power under Article 227 of the Constitution to interfere with the impugned order

Final Outcome

  • The writ petitions were dismissed as devoid of merit
  • All pending interim applications, if any, were disposed of as infructuous
  • No alteration was made to the trial court’s direction for a mesne‑profits inquiry

Topics: Mesne profits, Eviction decree, Court dismissal