1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.1772 of 1998 In First Appeal No.212 of 1990 (Smt. Shailabai wd/o Rajendrasingh Raghuwanshi v. Sudhabai w/o Pratapsingh Berma and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.M. Deshpande, Advocate for Applicant. Coram : A.H. Joshi and A.R. Joshi, JJ. Dated : 17 th November, 2009 1. This is an application under Section 152 of the Civil Procedure Code. 2. It is not in dispute that in the decree, enquiry as to mesne profit is contained in clause 2 thereof. 3. In view that the appeal is allowed, an order as to mesne profit has to follow in clause 2 of the said decree. 4. In view of this, in the judgment and order 2 dated 24-4-1994 passed by this Court in First Appeal No.348 of 2989 with First Appeal No.212 of 1990, as follows : Para 106 : In the operative part of the decree, the enquiry as to mesne profit, as observed in clause 2 of the said decree passed by Trial Court, shall also cover survey No.5. 5. The application is allowed in terms of foregoing para 4, 6. No costs. Judge. Judge. pdl